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Reasons
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(영문) 수원지방법원 2015.01.08 2014고합603
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On August 9, 2014, the Defendant, around 19:30 on August 9, 2014, committed an indecent act by force against the victim, who is a child or juvenile, by rhumbbs in the bus No. 4403 (C) located adjacent to the Seoul Fares-gu Seoul Subdivision-dong, Sungnam-si, the Defendant 19:30.

2. On August 30, 2014, around 12:50 on August 30, 2014, the Defendant committed an indecent act by force against the victim E, who is a child or juvenile, by using the buckbucks in front of the bus No. 4403 (C) operated in the vicinity of the Sincheon-si, Youngcheon-gu, Youngcheon-si (hereinafter referred to as the “Sacheon-gu”).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement;

1. Each report (Evidence List Nos. 1 and 21), each investigation report (Evidence List Nos. 2, 6, 7, 11, 22, 26, 27, 31) and each investigation report (Evidence List No. 18,20);

1. Application of Acts and subordinate statutes to busCCTV CDs and CCTV data;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment on Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against E with a more serious criminal situation);

1. Articles 70 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. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Fines of 10 million won to 45 million won;

2. In light of the fact that the instant crime committed by the Defendant’s criminal act committed by force against female juveniles seated next to the bus and the nature of the crime is not good, the victims seem to have suffered a considerable sense of sexual humiliation and mental pain, and the Defendant had the same criminal record, it is necessary to punish the Defendant strictly.

However, the defendant makes a confession of crime.

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