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(영문) 울산지방법원 2016.11.18 2016고합257
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 11, 2016, around 11:45, the Defendant committed indecent act by force on the part of the part of the victim D (in the case of 11 years of age) who opened his seat in the Ulsan-gu C apartment 305-dong playground, Ulsan-gu, Seoul-gu, Seoul-gu, by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and F;

1. Records of statements made in relation to D;

1. Attachment of CCTV-cap photographs;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment ofCCTV dynamic image), a criminal investigation report (Attachment ofCCTV fixs), and a criminal investigation report (Attachment of a professional opinion);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, the selection of fines, and the selection of penalties against criminal facts;

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

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

1. Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to an order or notice of disclosure;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime on which the personal information is registered under Article 334(1) of the Criminal Procedure Act, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the competent agency pursuant to Article 43

1. The scope of applicable sentencing under the law is a fine of KRW 30 million to KRW 50 million.

2. According to the decision of sentence, the crime of this case was committed by the victim who was under 13 years of age, where the defendant was forced to appear in the play room, and the victim's buckbucks were committed by indecent act. The defendant had been sentenced to a suspended sentence of 3 years and 6 months for a crime committed by indecent act by force on the part of the victim under 13 years of age due to the same veterinary act even before the crime of this case. The crime of this case was committed during the suspended sentence period.

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