(영문) 부산지방법원 2014.10.17.선고 2014고합240 판결

Defendant shall be punished by a fine of KRW 5,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

To order the defendant to pay an amount equivalent to the above fine.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On March 14, 2014, around 16:30 on March 16, 2014, the Defendant passed from the victim E (in women, 14 years of age) to the rear of the "Dic Busan documents underground store" located in Busan Jin-gu C, Busan, and the Defendant met with the victim's own hand.

Accordingly, the defendant committed an indecent act by force against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of the CCTV CD verification in this Act;

1. Statement to E by the police;

1. Police video CDs against E;

1. A written statement;

1. A report on the occurrence of a crime, a report on the occurrence of a crime (based on the closure of CCTV photographs at the scene of a crime), and a report on investigation (based on CCTV details at the time of committing a crime);

[Defendant and defense counsel may face with the victim's body and even with the victim's body, but the defendant denies the victim's her hand to the effect that her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)6 of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

Article 21(2), main sentence of Article 21(3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, Etc.

Reasons for sentencing

[Scope of Punishment] Fine of 5,000,000 either to 15,000,000

[Determination of sentence] The instant crime committed by a fine of KRW 5,00,000 is deemed to have committed the instant crime by force by force by a female juvenile at an open place. Considering the following: (a) the nature of the instant crime is not good in light of the background, place, etc. of the crime; (b) the victim’s act appears to have suffered considerable sexual humiliation and mental impulse; (c) the Defendant did not make a full effort to recover damage; and (d) the Defendant committed the instant crime without being aware of the history of criminal punishment for the same kind of crime; and (b) the Defendant committed the instant crime without being aware of it.

However, in light of the fact that the exercise of physical force against the victim and the degree of indecent act is relatively minor, and the sentencing conditions of the defendant in this case, such as the age, character and conduct, environment, and circumstances after the crime, etc., the punishment as ordered shall be determined.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting the offense against the Defendant, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act (In full view of the various circumstances stated in the part on the grounds of both punishment, considering that there are special circumstances in which the disclosure and notification of personal information of the Defendant should not be disclosed or notified, such order