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(영문) 의정부지방법원 고양지원 2017.10.27 2017고합175
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 May 12, 2017, the Defendant discovered the Victim D (9) at the rest area adjacent to Dongyang-gu Seoul apartment 105, Seoyang-gu, Seoyang-gu, Seoul around 105 on May 14:38, 2017, the Defendant forced the victim to commit an indecent act by using the victim’s words, such as “a person who has been seated at a large amount once”, following the victim’s rear part, “a person who has been seated at a large amount,” and her hand. The victim, in his hand, her sexual part, her inner part of the victim’s sexual part, her the victim’s shoulder, her the victim’s shoulder, etc., with his/her hand, brought the victim’s sexual part of the victim’s sexual part on his/her hand, her clothes, and forced him/her to commit an indecent act under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of statements made against D;

1. Application of Acts and subordinate statutes to the field forests and CCTV recording photographs;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of being punished for a sex offense, and in this case, the fact that the defendant has no record of being punished for a sex offense, and the completion of a sexual assault treatment program can prevent the defendant from repeating the crime to a certain extent

Comprehensively taking account of various circumstances such as the appearance of the defendant, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The reason for sentencing

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

2. Non-application of the sentencing criteria:

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