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(영문) 서울서부지방법원 2014.11.21 2014고합235
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The defendant shall be punished by a fine of 15,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 15:00 on July 15, 2014, the Defendant: (a) obstructed the front of the victim E (one-year old) who was a minor, who returned home to the school on the alleyway of the D Child Care Center located in Eunpyeong-gu Seoul, Seoul; (b) prevented him from wearing his arms and shoulders; and (c) caused him to the effect that “one son is in the spirit of width, and if he believed that he son, he she saw son, he she saw son on the left boom of the victim’s left.”

Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.

Summary of Evidence

1. Part of the defendant's legal statement

1. Part of the suspect interrogation protocol prepared by the police against the defendant

1. Records of proceedings of police preparation for victims E;

1. A written self-written statement prepared by victim E;

1. Application of Acts and subordinate statutes on investigation reports;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse does not seem to have committed a sexual crime easily once considering the subordinate effect of the punishment of this case; in light of the developments leading up to the instant case and the Defendant’s initial offender, personal information registration and the completion of the sexual violence program alone seems to have the effect of preventing the recidivism of the Defendant; and in full view of all circumstances, the personal information of the Defendant may not be disclosed or notified.

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