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(영문) 부산지방법원 2014.06.24 2014고합100
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 27, 2013, the Defendant: (a) around 16:46, 2013, on the road in front of “E” operated by the Defendant’s wife located in Nam-gu Busan Metropolitan City D, the father of the victim F, sparing the creb, and sparing the victim’s creb, sparing the creb, sparing the Defendant into the victim’s creb, etc., and

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

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

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to report internal investigation (related to the specification of a suspected suspect), investigation report (related to the preparation of a suspect and written statement of the victim);

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

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. Determination on the assertion by the Defendant and the defense counsel under Article 21(2), (3), and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, Etc.

1. The summary of the argument: ① The act of the Defendant’s young child with her sexual organ was not considered as an indecent act; ② Even if the Defendant’s family and the Defendant’s act constituted an indecent act, it does not go against the social rules and thus, the illegality is dismissed.

2. According to the evidence adopted and examined by this court, the defendant can find the fact that the father of the victim, who found his wife as a customer, lost the victim from behind the victim, etc., who was in the right side of the victim's crepits in the body of his wife, and carried his hand into the victim's seat, thereby spreading the victim's sexual organ.

The Defendant’s act is inappropriate to infringe on the victim’s right to sexual identity and values.

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