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(영문) 광주지방법원 2015.04.27 2015고합73
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On September 6, 2014, the Defendant, at the Defendant’s residence located in Gwangju Mine-gu, committed indecent acts against the victim D (the age of 15) of female-friendly job offers (the age of 15) who had the Defendant’s home in the Defendant’s house in Gwangju Mine-gu, stating that “if he or she was sexual intercourse, his body and face should be prompt, and it shall be inside and outside, and the victim’s right will be left.”

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. Application of the Acts and subordinate statutes containing the written complaint prepared by the victim, corresponding thereto;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Articles 70 (1) 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. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Fines of five million won to fifteen million won;

2. The sentencing criteria shall not apply as the person selects a fine.

3. Determination of sentence: This shall not apply to cases where the defendant of a fine of seven million won commits an indecent act by force on the part of a female-friendly defendant who was playing at his/her house against the victim and thereby the nature of such offense is good;

On the other hand, there is no history of punishment for the same crime, and the defendant seems to have committed the crime of this case contingently, and the degree of indecent act is not much severe.

Comprehensively taking into account the above various sentencing conditions, the sentence is determined as ordered.

Where this judgment 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 the relevant agency pursuant to Article 43 of the same Act.

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