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(영문) 대구지방법원 2019.08.16 2019고합222
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

From April 19, 2019 to 22:03 on the same day, the Defendant: (a) from around 21:58 on April 21, 2019 to around 22:03, at a restaurant operated by the father of the Victim C (FF) in Daegu Northern-gu, Daegu Northern-gu; (b) coming to the victim C, who was seated and was seated on the side, made several instances of the victim C’s right part of the victim C’s right part by hand, and (c) continuously coming to the above C, the victim D (a name, leisure, 10 years of age) who was on the back of the said C was able to sit the victim’s arms on the side, and write down the right part of the victim’s part.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (video recording for victims C), stenographic records for C, or one copy of a picture (where evidence is recorded, 28 pages);

1. Report on internal investigation (video recordings of victim D), stenographic records of D, or one copy of a picture (record 85 pages of evidence);

1. A report on internal investigation, a report on CCTV (on-site CCTV investigation), and a CCTV-cap photograph;

1. Each investigation report (Attachment of a statement analysis written opinion to the victim C, attachment of a statement analysis written opinion to the victim D) and expert opinion on child sexual assault case, application of Acts and subordinate statutes on statement analysis;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. It is difficult to readily conclude that a defendant has no record of committing any sexual crime against him/her, in light of the background and method of the instant crime, the circumstances after the instant crime, etc., and the following facts, etc., of an order to disclose or notify, and that there is a risk of recidivism of sexual assault.

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