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(영문) 춘천지방법원 2017.07.21 2016고합87
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 17, 2015, 17:35 around 17:35, 2015, the Defendant deemed that four persons, such as victims E (9: South Korea), F (10: South Korea), etc., take drinking water in D marina located in Chuncheon-si C, Chuncheon-si, and the Defendant Dada to the victim E was “the horses and many times.”

"I am as we take charge of the sexual organ of the victim on the clothes, and I am after the victim's happiness, and I am back again, and I am to the victim F.

“Along with clothes, the victim’s sexual organ was taken in charge of the victim’s sexual organ.”

Accordingly, the defendant committed an indecent act against the victims of less than 13 years of age.

Summary of Evidence

1. E and F’s respective damaged CDs;

1. Application of statutes governing on-site CCTV CDs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. 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) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information (a special circumstance under which disclosure of personal information may not be allowed, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, consequence, seriousness of the crime, etc.);

Reasons for sentencing

1. The scope of applicable sentences: Fines of 15 million won to 37.5 million won;

2. Non-application of the sentencing criteria since the scope of the recommended punishment was selected.

3. Determination of sentence: The crime of this case by a fine of 15 million won is an indecent act against children under the age of 13 who are vulnerable to the crime, and the concept of the child’s sex has not been established properly.

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