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(영문) 창원지방법원 진주지원 2013.10.11 2013고합93
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On December 30, 2012, the Defendant: (a) around 21:30 on 21:30 on Jinju-si, and (b) on December 30, 2012, the victim D (Nam, 15 years of age) who was fluored by his body within a three-story room in Jinju-si B, and caused the other victim’s her own chest and sexual conspiracy to take place on the side of the other victim’s body.

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 298 of the Criminal Act concerning criminal facts;

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

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 18, 2012) and Article 43(1)

Reasons for sentencing

1. Scope of applicable sentences: A fine of five million won to twenty million won;

2. Determination of sentence: A punishment shall be determined as ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant, who is punished by a fine of five million won, caused the victim to feel a great sense of aversion and sense of shame by indecent act by compulsion of the victim, but the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the fact that there is no previous sentence except for the defendant who has been sentenced once to a fine, the fact that the defendant agreed with the victim, the fact that the defendant reflects wrongness, and other conditions favorable to the defendant

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