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(영문) 대구지방법원 김천지원 2019.03.26 2018고합127
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

1. On April 25, 2018, the Defendant committed an indecent act by force on the part of the victim B (10 years of age, south) who was in front of the Defendant on the part of his left side, in the guest path between the 13th and 14th vehicles of the Seoul MTX 10 on April 10, 2018, in violation of the Special Act on the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13).

2. At the date, time, and place indicated in paragraph (1), the Defendant publicly insulting the victim by concluding that the victim B resisted the Defendant’s body against the fact that the victim B satisfyed, as seen above, the victim called “unsatisfy,” “hyma,” “hyma,” and “unsatisfy,” thereby publicly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. A written statement of C and D;

1. A transcript of statements made by victims among stenographic records at the Busan East Sea Center;

1. Application of Acts and subordinate statutes to each investigation report (pacted telephone call case, E-ray and telephone case);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines, respectively, concerning the crime;

2. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age or less).

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

5. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. The exemption from the disclosure order and notification order is that the defendant confessions and reflects the crime of indecent act by compulsion in this case under 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, and that the defendant has no record of punishment for a sex offense before.

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