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(영문) 대구지방법원 포항지원 2018.12.06 2018고합63
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 24, 2018, around 14:30 on the 14:30, the Defendant used the victim’s mort with the victim’s D (Woo, 7 years old), the victim E (nor 8 years old), and the victim’s mort with the victim’s mort with the victim’s mort.

Accordingly, the defendant forced victims under 13 years of age to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. A transcript of each statement made by the victim D or E, each of which is contained in each statement recorded CD;

1. The application of the Act and subordinate statutes attached to reports on internal investigation (victim E and D video recording), internal investigation reports (victim E and D), internal investigation reports - attached to the instant report processing table, internal investigation reports (in the event of the crime scene photographs), internal investigation reports (in the event of confirmation of the suspect's residence), investigation reports (in the event of CCTV search results for nearby the C elementary school), investigation reports, statement analysis reports on victims' statements and analysis opinions on the victims' statements;

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

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D with heavy penalty (the indecent act by a minor under 13 years of age)];

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The age, family environment, and family environment of the defendant, recognized as recorded in the record, including the fact that the defendant has no record of criminal punishment due to a sex offense, etc., under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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