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Reasons
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(영문) 제주지방법원 2018.02.08 2017고합202
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

Defendant,

1. On October 19, 2017, around 15:00, the Defendant’s Jeju-si located “D”, found the victim E (W, 11 years of age) that seeks an artist’s photograph, and used the victim’s knife hand with a string of the toy of the “brut” to “brue” and used the victim’s knife with a string of the brut of the brut of the brut of the brut of the 13 years of age as rhyths of the victim’s arms on two or three occasions, and commits an indecent act by force against the said victim under 13 years of age;

2. At the date, time, and place described in paragraph 1, the victim F (n, 12 years of age) behind the victim F (n, feling toy) committed an indecent act by force against the victim, who is under 13 years of age, by putting the back part of the victim in his hand and referring to “the victim’s identity”, and by taking two shoulders of the victim into two hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (Selection of Each Fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of punishment for sexual crimes before committing the instant crime, and the Defendant’s personal information registration and completion of a sexual violence program can prevent the recidivism of the Defendant;

In addition, the defendant's age, occupation, social relation, details and circumstances of the crime of this case, and the order of disclosure or notification to the defendant.

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