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(영문) 수원지방법원 안산지원 2020.01.17 2019고합257
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On June 12, 2019, the Defendant: (a) around 18:25, the Defendant had the victim’s sexual organ with his left hand, in an elevator with the victim D (manam, 11, 11) having 3-4 Ra, an elevator with friendship and the elevator. The Defendant had the victim’s sexual organ with his own hand.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records on D;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, the selection of fines, and the selection of penalties against criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. A fine of 15 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (hereinafter referred to as the following circumstances for sentencing), whichever is favorable;

1. In full view of the fact that the Defendant was not subject to punishment for sexual crimes, the Defendant appears not to have committed the instant crime for the purpose of meeting his/her sexual desire, and that the Defendant has sufficient reflective and learning hours through the investigation and trial process, there is a special circumstance in which the Defendant cannot be ordered to complete the program.

1. An order for disclosure and notification, a failure to issue an employment restriction order to institutions, etc. related to children and juveniles and welfare facilities for disabled persons, etc., the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Welfare of Disabled Persons Act has no record of being punished for sex crimes, and the Defendant committed the instant crime with the aim of

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