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(영문) 서울동부지방법원 2018.06.29 2018고합140
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal records] Defendant and the person who requested an attachment order (hereinafter “Defendant”) were sentenced to a suspended sentence of one year on August 31, 2017 by the Seoul Eastern District Court for the crime of injury, and the said judgment became final and conclusive as of September 8, 2017. On November 8, 2017, the same court was sentenced to a suspended sentence of two years on November 16, 2017 due to a violation of the Act on the Protection of Juveniles from Sexual Abuse, and the said judgment became final and conclusive as of November 16, 2017.

[2] On October 17, 2017, around 19:25, the Defendant discovered the victim D (one year old, ten) playing in the slock frame in a park located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and became the victim with his/her hand.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from the victim's mother E phone);

1. CCTV images;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on confirmation of the records of the suspension of execution of a suspect);

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

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes: Article 39 (1) [the crime in this case and the violation of the Act on the Protection of Juveniles from Sexual Abuse, which became final and conclusive on November 16, 2017];

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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

1. The proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant] of this case and the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse, which constitutes a single concurrent crime after Article 37 of the Criminal Act, the defendant shall be compelled to treat sexual assault for 80 hours from this court.

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