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Reasons
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(영문) 수원지방법원 성남지원 2014.05.22 2013고합296
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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Defendant shall be punished by a fine for negligence in KRW 7,000,000 (live million).

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

1. On October 21, 2013, the Defendant found the victim D (influence, age 14) in the vicinity of the Gwangju metropolitan apartment around October 19, 2013, and committed an indecent act by force against the juvenile, by putting the victim’s shoulder on one hand, following the victim himself/herself.

2. On October 20, 2013, the Defendant discovered the victim G(s) who is engaged in a mixed movement at the F elementary school playgrounds located in Gwangju-si, Gwangju-si on October 20, 2013, and found the victim G(s) 18 years old), followed the victim himself/herself by using the victim’s body in both arms, and committed an indecent act by force against the victim’s sexual organ on the part of the victim.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. The police statement of D or G;

1. Application of Acts and subordinate statutes of H and I written statements;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act: Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, which are heavier than the punishment];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The accused under 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, who is exempt from disclosure orders and notification orders, has no record of criminal punishment prior to committing the instant crime;

The defendant is a university student and his family's will to protect is high.

Above all, the defendant reflects the crime of this case in depth and commits this crime again.

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