(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

EO et al. and 15 others

February 22, 2011

The case against the Defendants shall be forwarded to the juvenile department in the Daejeon District Court's Family Branch.

1. Principles for handling juvenile criminal cases;

In general, juveniles have characteristics that they are in the process of forming their personality and have a high possibility of improvement, while they are placed in a special mental East state due to mental and physical development. Therefore, unlike adult offenders, juveniles have been polluted in the environment, so they can easily stop their flight, but they can be corrected through appropriate protection and education and grow up in a sound manner.

In light of the above characteristics of the juvenile, Article 9 of the Criminal Act provides that the juvenile under the age of 14 may be punished through a trial like adults. On the other hand, considering the future and the possibility of improvement of the juvenile from the perspective of criminal policy, Article 50 of the Juvenile Act provides that the juvenile under the age of 19 shall be sent to the Juvenile Department when there is a reason to fall under the protective disposition after the court examines the criminal case against the juvenile under the age of 19.

Even in cases where guidance and edification is deemed impossible, it is necessary to protect society by ensuring that the juvenile is responsible for responding to criminal acts through strict criminal punishment. However, even if criminal punishment is deemed appropriate, in light of the characteristics of juvenile and juvenile delinquency, the purpose and operational principles of juvenile criminal cases, etc., if the juvenile defendant's mental and physical condition, character, career, home condition, and other circumstances are closely considered (see Article 58 (2) of the Juvenile Act), it is reasonable for the court to forward a decision to the Juvenile Department to have the juvenile defendant subject to a protective disposition prescribed in the Juvenile Act.

2. Determination

As a result of the examination of the instant case, the Defendants are highly likely to commit a crime that has sexual intercourses or commits indecent acts against the victims of 13 years old female children, juvenile, and mental health Grade 3 on several occasions at the same opportunity. Considering the fact that the media reports the instant case to the media, leading them to a large impact on the nation as well as on the local society, and resulting in the scambling and attack against the sexual crimes subject to the disabled, strict criminal punishment against the Defendants may be deemed necessary.

However, each parent of the Defendants and the father of the victim agree with each other and the victim are against the truth that both the Defendants and the father of the victim are taking advantage of the fact that they are living in the previous family or school of this case, all the Defendants had no record of flight by living in the previous family or school of this case, and the Defendants have understood the seriousness of each of the crimes at the investigation stage and immediately before the investigation stage, and have understood the suffering of the victims from the victim to this court, have caused their parents to go against their pain and social criticism, and have been duplicatedly against them, they need not repeatedly prevent such mistakes. All the Defendants are students entering the school in the third year of high school who were scheduled to enter the university in the third year, and have been given the opportunity to wear a blue with them, so the Defendants and their parents have been able to do so only by taking account of the following circumstances: the Defendants and their parents have been working in social welfare facilities for sexual assault counseling or volunteer activities in order to reflect the crime and the records of the Juvenile Act.

February 22, 2011

Presiding JudgeOO

Judges OOO

Judges000