아동ㆍ청소년의성보호에관한법률위반(강제추행)
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On February 14, 2014, at around 13:50, the Defendant: (a) in the D amusement facility located in Gwangju City, the Defendant, under the influence of alcohol, committed an indecent act by force against a juvenile, by a method that finds the victim E (influence, 14 years of age, February 13, 200) with the weak ability to discern things or make decisions; and (b) with the intent to commit an indecent act on the part of the victim; and (c) the following behind the victim, with the victim’s own hand, made a indecent act by force on the part of the juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of F’s written Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 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. In full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the confession and reflect of the instant crime; (b) there is no record of criminal punishment; and (c) it is difficult to readily conclude that there is a risk of recommitting a sexual crime due to minor indecent act; and (d) the disadvantage and anticipated side effects of the Defendant, compared to the effect expected to be disclosed and notified of the information on the Defendant, are more likely to be higher than that of the sexual crime; (b) the crime of this case is deemed to be committed against juveniles, and thus, the crime of this case is not deemed to be committed against juveniles; (c) however, the Defendant’s awareness of and reflects the instant crime; and