아동ㆍ청소년의성보호에관한법률위반(강간등)
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
At around 22:05 on August 1, 2010, the Defendant forced the victim to commit an indecent act by means of cutting his hand on the right shoulder of the victim E (the age of 8) who was sitting together with his family members, such as 'D' located in Suwon-si C, Suwon-si, Suwon-si, and by means of rhyming his knee and cutting his kne, making the victim knee in his knee and rhy his head and part.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. The police statement concerning F;
1. G statements;
1. Application of Acts and subordinate statutes to investigation reports (victim E, recording of statements, and hearing of statements from the witness F by telephone);
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); Article 298 of the Criminal Act; the choice of fines, etc.
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.
4. An order for disclosure is a crime committed before the amendment of the proviso of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) (amended by Act No. 11572), and thus, an order for disclosure shall not be issued.
As long as the defendant is convicted of a fine on May 1, 201, the court shall impose an order to complete a program pursuant to the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse), but no order to complete a program shall be imposed pursuant to the principle of prohibition of disadvantageous alteration (Article 457-2 of the Criminal Procedure Act) in this case where only the defendant requested a formal trial against a summary order that has not been imposed.
The reason for sentencing is that the defendant is an elementary school student who is only eight years old even though the victim's guardian explicitly expressed his/her intention of refusal.