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(영문) 의정부지방법원 2018.11.23 2018고합291
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 April 29, 2018, around 18:50, the Defendant discovered that the victim E (Influence, 8 years of age) is a mixed person at the front parking lot D, the Defendant left the victim's back with his own left hand in the right side of the victim, and the Defendant got off the victim's back and left shoulder with his own left hand in the middle part of the victim's right side.

In accordance with the statement of the victim's investigative agency, the defendant's indecent act was embodied.

Accordingly, the defendant committed an indecent act against a person under 13 years of age by assault.

Summary of Evidence

1. Legal statement of F;

1. Stenographic records;

1. A CD damage statement;

1. A statement prepared by the F;

1. 112 Application of the 112 Reporting Report List, vehicle boomers caps and photographs, CD-road scambling video laws and regulations

1. Relevant 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 crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the same Act (The consideration of favorable circumstances among the grounds 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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 21(2), the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from the order to complete a program, disclosure and notification, are deemed to lack understanding of the meaning even if the Defendant imposed an order to complete a sexual assault treatment program as a disabled person of Grade III with intellectual disability (I Q53).

The Defendant had no record of criminal punishment for sexual crimes before committing the instant crime.

The recidivism of sexual crime against the defendant seems to be effective only by the sentence of fine, employment restriction, and registration of personal information against the defendant.

If so, the defendant will not be ordered to complete the program.

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