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(영문) 대구지방법원 2014.08.22 2014고합233
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a pastor of the Cridge, and the victim D(M, nine years of age) is between the defendant's grandchildren and his/her friendship.

On February 27, 2014, the Defendant, at around 21:00, laid down the victim’s arms and shoulder in the Cridge in Daegu Northern-gu, Daegu Northern-gu, by reporting that the son and female were in the married room, making the son and female play play in the living room, and putting them in the victim’s entrance who is playing a mobile phone, but refused the victim’s refusal to do so by being sealed in his hand, and then putting the victim’s arms and shoulder in the victim’s entrance.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. Application of Acts and subordinate statutes on expert opinions of child sexual assault cases;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a judgment on the registration of personal information under Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article

However, in light of the following: (a) the Defendant is a primary offender who has no criminal record; (b) the Defendant is seriously against his/her mistake; and (c) the Defendant received a letter from the victim and his/her parents; and (d) the Defendant concurrently takes orders to improve his/her character and conduct; and (b) the disclosure and notification order is imposed pursuant to the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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