아동ㆍ청소년의성보호에관한법률위반(강간등)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
At around 12:20 on June 1, 2013, the Defendant: (a) committed an indecent act by force against the victim by forcing the victim D (the age of 13) who is a juvenile to a taxi operated by the Defendant to be a guest at the seat of his/her driver’s seat while he/she was born to the seat of his/her taxi and moved to the seat of the E University.” (b) on the part of his/her wife, his/her husband and wife, his/her husband and wife, and his/her husband and wife must leave not less than 1m,” and (c) the victim’s bucks were buck down and the sexual organ was frighted twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
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) and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing criteria shall not apply as the case has been selected by a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.
The crime of this case requires the punishment corresponding to the defendant's liability for the crime in view of the fact that the defendant was sexually walked against the other students of the second-year middle school boarding a taxi operated by himself, and that the victim aged 13 years old is deemed to have caused considerable sexual humiliation.
However, the extent of the tangible power exercised by the victim is relatively minor, the confession of the defendant and the mistake of the defendant are divided, the defendant has no specific criminal history, even though it did not reach an agreement with the victim, the victim himself does not want the punishment against the defendant, and other favorable circumstances, such as the age of the defendant and family environment, shall be determined like the order.
This case, which is a sex offense subject to the registration of personal information.