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(영문) 서울남부지방법원 2015.12.04 2015고합361
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On July 16, 2015, at around 14:44, the Defendant made an indecent act against the victim D (V, 9 years of age) in the Dongjak-gu Seoul Metropolitan Government C apartment elevator by referring to the victim D (V, and 9 years of age) on the elevator, and kiscing the victim, and kiscing the victim under 13 years of age on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reporting on investigation (verification of CCTV at the site of committing a crime) and the application of the statutes governing accompanying data;

1. Article 7 (3) of the Act on the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning facts constituting an offense;

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

1. Penalty fine of 15,000,000 won to be suspended;

1. Article 70 (1) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the special circumstances warranting not to impose a order to complete a program, considering the details and circumstances of the crime, the character and conduct of the defendant, the level of intellectual property, and criminal records

1. The age, occupation, family environment, social relative relationship, criminal record and the risk of re-offending as shown in the record, pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure and notification orders, shall not be deemed to pose a significant risk of re-offending;

In full view of various circumstances, such as the benefits expected by an order of disclosure or notification, the effect of prevention, disadvantages and side effects resulting therefrom, etc., it is deemed that there is a special circumstance that the disclosure or notification of the personal information of the defendant should not be made.) The degree of indecent act on the grounds of sentencing is not more severe, and the victim does not want to punish the defendant, and the defendant is somewhat lacking in recognition or judgment ability due to mental disorder 3, and there is no criminal record, as well as the favorable circumstances such as the defendant's age, character, character and environment, and victim.

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