성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On May 27, 2013, at around 16:45, the Defendant committed an indecent act against a person under 13 years of age by force, by using one’s own arms, with the victim D (here, 8 years of age) who had completed a piancing business in the stairs of the second floor of the building of the building of the North Korea, and by using one’s own arms as a force to have the victim humbly and hume.
Summary of Evidence
1. Partial statement of the defendant;
1. Recording records;
1. Family relation certificate:
1. Application of the photographic Acts and subordinate statutes;
1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 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 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, December 18, 2012);
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Determination as to the assertion by the Defendant and the defense counsel regarding the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) (amended by Act No. 11572, Dec. 18, 201)
1. The summary of the argument is that the Defendant had no intention to commit an indecent act against the Defendant, even though the Defendant had expressed her fry to the Defendant’s her so that the Defendant would want to take as her husband, and had her fryed twice and engaged in the same conduct as the facts of the crime.
2. The legal interest of the crime of indecent act against a minor under the age of 13 is “the right and interest of a child under the age of 13 to form sexual identity and values without any psychological disability in the absence of an inappropriate sexual stimulation or physical influence from outside.” Thus, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective constituent element necessary for the establishment thereof.
However, the term "indecent act" in the above crime means the indecent act.