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(영문) 창원지방법원 진주지원 2014.02.14 2013고합101
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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 lecturer belonging to the "D Driving Institute" located in Sacheon-si, and the victim E (V, the age of 11) is a student of the above driving school.

At around 17:30 to 17:40 on July 23, 2013, the Defendant was in charge of the victim’s her left hand, with the defect that the victim was dead, and the Defendant was in charge of the victim’s her left hand.

The right chest has reached two times.

Accordingly, even though the victim told the defendant that "I am only, I am, I am, I am, I am, I am, I am, the victim's chest for about five minutes, such as "I am, I am, I am."

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 [the Defendant’s age, occupation, family environment, social relationship, criminal record, and risk of recidivism, which are recognized as recorded (no record of a crime), the circumstances leading up to the instant crime, the degree of indecent act, the relationship with the victim, the victim’s intent who does not want to punish the Defendant, the profits and preventive effects expected by the instant disclosure order or notification order, the disadvantages and adverse effects therefrom, and adverse effects therefrom, and the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012).

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