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(영문) 인천지방법원 2015.04.01 2014고합951
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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

The defendant is a person who worked in the same industry as the father E of the victim D (the age of 9 at the time of damage) and maintained a friendly relationship with the victim's family for about 10 years.

1. Around 17:00 on August 20, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) committed with the victim, the victim’s mother H, etc. in a “G” restaurant located in Guro-gu Seoul Metropolitan Government F, with the victim’s or the victim’s mother H, etc., and became the victim’s sexual flag seat on his left side of the Defendant.

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

2. The Defendant assaulted the Defendant at the time, place, and at the time and place indicated in the above paragraph (1) in order to make the Defendant aware of his intent to refuse the indecent act, by using his hand the victim’s left booms.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Partial statement of witness E;

1. The statement made by the victim D in the statement recording CDs;

1. Application of the Acts and subordinate statutes to the correspondence;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the occupation of indecent act by compulsion of a minor under the age of 13), and Article 260(1) of the Criminal Act (the selection of fines) provides that Article 7(3) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse should be applied first because the victim falls under a child or juvenile. However, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides a more statutory penalty than Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the minor under the age of 13 as separate elements for indecent act by compulsion of a minor under the age of 13. Thus, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes applies to the above defense

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