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(영문) 수원지방법원안양지원 2020.08.14 2020고합79
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

On December 27, 2019, around 16:26, the Defendant stated the victim C in the facts charged of the crime of the crime of the crime of the crime of the crime of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes

He discovered the victim, kiscked the victim, and kiscked the victim's kisck.

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

Summary of Evidence

1. Application of statutes governing stenographic records of the defendant's legal statement C and written statements D;

1. Relevant legal provisions concerning criminal facts and Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), 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. Articles 70 (1) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); (i) the Defendant’s age, occupation, risk of repeating a crime; the type and motive of the crime in this case; the process of the crime in this case; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure notification order; (ii) the prevention of the sex

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with

1. Scope of applicable sentences under law: Fines of 15 million won to 25 million won;

2. Non-application of the sentencing criteria: A fine;

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