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(영문) 대구지방법원 2020.02.14 2019고합436
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 12:10 on September 7, 2019, the Defendant used the face of the victim D (name, south, and 9 years old) who was seated by the next table in the resting room located on the first floor of the “C” underground of the Daegu Siro-Gu, Daegu, as his hand, and committed an indecent act by force against the victim by using the victim’s sexual organ as his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. CDs or stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (including the statement, etc. of the injured mother of the child), each investigation report (to copy CCTV images in the course of committing a crime, to attach photographs to CDs, to capture CCTV images at the scene of committing a crime, and to attach expert opinions on the statement analysis of children

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 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. A fine of 15 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (hereinafter referred to as the following circumstances for sentencing), whichever is favorable;

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the special circumstances in which a defendant cannot be ordered to complete a program, considering the fact that the defendant has no record of punishment for a sex offense, the defendant appears not to have committed the instant crime to satisfy his/her sexual desire, and the defendant has sufficient time to reflect through the investigation and trial process, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to disclose or notify personal information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities has no record of being punished for sexual crimes. The details and methods of the instant crime, and the circumstances before and after the instant crime.

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