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(영문) 서울북부지방법원 2019.07.12 2019고합145
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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

피고인은 2019. 3. 23. 20:20경 서울 강북구 B에 있는 버스정류장 앞에서 술에 취하여 서 있던 중 그곳으로 달려오고 있던 아동인 피해자 C(가명, 여, 8세)를 발견하고 갑자기 피해자를 양팔로 껴안고 피고인의 얼굴을 피해자의 얼굴에 수회 비볐다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of proceedings of statement;

1. Each police officer's statement of C or D (tentative name);

1. Application of Acts and subordinate statutes to report on investigation (video recording for victims C) and report on investigation (related to submission of expert opinions on statement analysis);

1. Relevant 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, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an employment restriction order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse: The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on Welfare of Persons with Disabilities; and Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that a defendant has a risk of recidivism of a general sexual crime, such as having no record of punishment due to a sex offense; the fact that the defendant alone appears to have the effect of preventing recidivism of a sexual crime; and any other reason, the defendant’s age, family environment, social relationship, disclosure and notification order, and employment restriction order as indicated in the pleading

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