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(영문) 광주지방법원 2014.12.12 2014고합410
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 24, 2013, the Defendant made a public performance and obscene act openly by finding out the victim D(9 years of age, female) that he/she goes through through through through, and displaying his/her sexual organ to the victim, as a means to view the urine on the front side of Seo-gu, Seo-gu, 2013.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by force) committed indecent acts by force against the victim E (a person aged below the age of 13) by setting out the victim’s satisf and satisfafafafafafafafafafafafafafafafafafafafafafafafafafaf 481 481, Nam-gu, Nam-gu, 2014, the lower part of the building near the building of the 7 ambafafafag

Summary of Evidence

Each fact in the judgment

1. Any statement made by the defendant in compliance with this Act;

1. Any statement made in conformity with D's written statements;

1. The statement of E suitable for the video recordings of the E;

1. Among the photographs of crime scene, each of them can be recognized by comprehensively taking account of the images suitable for them, there is proof.

Application of Statutes

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 13, the selection of fines), Article 245 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the total amount of two crimes above the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a minor under thirteen years of age) and Article 50 of the Criminal Act);

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 shall be considered);

1. Articles 70 (1) 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. Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse:

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