Protection of the nature of children and juveniles, such as a deceptive scheme for the elderly;

Violation of the Act (e.g., deception)

2017.Calgos6 (Consolidated) An order to attach

A

To order the defendant to complete a sexual assault treatment program for 80 hours.

The request for the attachment order of this case is dismissed.

After reporting a marriage with C on November 11, 2002, the Defendant maintained a de facto marital relationship with C even after reporting a divorce on April 1, 2003, and the victim D (here, 2002) is a woman born between C and his/her family members, including the victim, under the influence of normal alcohol. The Defendant frequently used verbal abuse and violence against his/her family members under the influence of normal alcohol, and led the victim to the Defendant.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an minor, deceptive scheme, etc.);

A. A. The Defendant was at the inside of the Defendant’s home located in Jung-gu, Seoul, Jung-gu, Seoul (10 years of age at that time) around the influent point time of the Defendant’s occupation, left the victim’s room in front of the Defendant’s door, left the victim’s room in the front of the Defendant’s room, left the victim’s room, and put the victim’s sexual organ into the victim’s negative part, and inserted the victim’s sexual organ into the victim’s negative part, due to frequent verbal abuse and assault by the Defendant.

B. Around September 2014, the Defendant: (a) entered the new wall of the victim (at the time, he was aged 11) who was locked with C’s house by cutting off C’s house at the location described in paragraph (a) at the location described in paragraph (1); (b) laid off the victim’s lower part; and (c) inserted the victim’s sexual organ on the part of the victim’s house into the part of the victim, who was locked with C’s house; and (d) laid down on the part of the victim’s house.

C. On the date from 15:00 to 16:00, the Defendant left the house of the Defendant from 15:0 to 16:00, to 12:00, left the house of the Defendant’s (at the time 12 years of age) who returned home early from school and left the house in Jung-gu Seoul, Jung-gu, Seoul, and left the house with the victim who returned home again (at the time 12 years of age), and due to such fear, the Defendant was exempted from the lock clothes, inner part, and the inner part of the Defendant’s sexual part on the part of the other victim who was enrolled on the part of the Defendant.

Accordingly, the Defendant had sexual intercourse with a minor under the age of 13 on three occasions by force.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compreting deceptive means);

A. At around 06:30 on the date of wintering 2015, at around 06:30, the Defendant: (a) reported that when all other families are divingd, the victim (at that time 13 years of age) was shouldered, covered, and dupliced with the victim’s interest; and (b) went into the victim’s interest; (c) exempted the victim’s lower part of the victim’s interest without resistance, and inserted the Defendant’s sexual organ into the part of the victim’s sexual organ on the part of the victim’s right.

B. On January 1, 2016, from 23:00 to 24:00, the Defendant: (a) reported the victim (the 13 years of age at that time) who is playing a game by covering the interest in the places described in paragraph (c) at the first or second order; (b) put the victim’s chest under the bottom of the victim’s side where it does not resist; (c) keep the victim’s chest back; (d) keep the victim’s chest back; (e) keep the victim’s finger back; (e) keep the victim’s finger back; and (e) took the victim’s fingers into the part; and (e) bucks and panty of the victim who desires to speak at the victim’s end to the middle of buckbucks; and (e) put the victim’s Defendant’s sexual organ into the part of the other victim’s sound on the f

Accordingly, the defendant had sexual intercourses with the victim who is a child or juvenile by force twice.

Summary of Evidence

1. Defendant's legal statement;

1. The statements made and records made and recorded by the victim D in a statement recording CD;

1. A written opinion of experts on child sexual assault cases and a psychological evaluation report;

1. The photographic picture of the victim's residence, and his/her residence;

1. Family relation certificate, marriage relation certificate, certified copy of resident registration record card, and abstract of resident registration record card;

1. Request to investigate suspected cases of child abuse;

Application of Statutes

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

Article 7(5) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (the occupation of abuse of force by minors under the age of 13, choice of limited term) and Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of abuse of force by children and juveniles, and choice

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Order to complete programs;

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

1. In full view of the following facts: (a) 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 (the fact that a defendant has no record of punishment for a sexual crime; (b) the defendant is divided and reflected in his/her criminal act; and (c) the crime of this case is committed against a victim who is related to him/her; (d) so it is possible to specify the victim as a result of the crime; (e) disclosure and notification could cause more damage to the victim; and (e) the defendant’s personal information registration and completion of sexual assault treatment programs can only be seen as having a certain degree of effect to prevent recidivism by taking account of the defendant’s age recognized as recorded in the record, family relationship, social relationship, etc.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for 5 years - June 22;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to minor deceptive schemes, etc.) ;

[Determination of Punishment] Types V (Rape) for sex offenses subject to the age of 13.

[Special Sentencing] Disapproval of Punishment (Discretionary Elements)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment for 6 years, 9 years

(b) Application of standards for handling multiple crimes;

Imprisonment for 6 years - 16 years and 6 months (in the case of 9 years of imprisonment with prison labor which is the upper limit of the scope of punishment for basic crimes, one concurrent crime

The term of imprisonment with prison labor of four years and six months and one-third of the maximum scope of sentence for concurrent crimes shall be aggregated with three years).

3. Determination of sentence: Seven years of imprisonment; and

[In light of the fact that the Defendant’s act of committing the instant crime is against the human body, which has sexual intercourse with one another by force from the fifth year to the first year of the elementary school, the crime of this case is very serious. Accordingly, the victim, who had been at the time when the right sexual identity and values should be formed, has suffered serious mental pain and shock, shows abnormal behavior such as depression, emotional distress, and school adaptation, and the victim’s wife appears to be difficult to recover easily.

[Ligue circumstances] The defendant recognized the crime of this case. The defendant only has minor criminal records and does not have serious records of punishment or criminal records of the same kind. Although the reason such as economic difficulties is included, the victim expressed his/her intention not to want the punishment, and the family members of the victim want to have the preference of the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime of this case, circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order.

Judgment on the request for attachment order

1. A summary of the cause of the claim;

A person who is requested to attach an attachment order, as indicated in the judgment, is under the risk of recommitting a sexual crime against a person under the age of 19 on at least two occasions and is deemed to have a habit of committing the sexual crime.

2. Determination

“Risk of recommitting a sexual crime” as prescribed by Article 5(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders refers to the likelihood of recommitting a sexual crime is insufficient solely on the basis of the possibility of recidivism, and there is a considerable probability that the person subject to an application to attach an order to attach an electronic device may injure the legal peace by committing a sexual crime again in the future. The existence of the risk of recommitting a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the application to attach an electronic device, the conduct prior to the relevant crime, the motive, means, circumstances after the crime, and the outline of the crime. Such determination is a assumptive judgment for the future, and shall be determined at the time of the judgment (see, e.g., Supreme Court Decision 2010Do7410, 2010Do44

The following circumstances acknowledged by the evidence duly adopted and examined by the court: (i) the respondent for the attachment order had no record of punishment for a sexual crime before the crime of this case; (ii) the risk of recidivism as a result of the evaluation conducted by the Korea E-SOAS on the requester for the attachment order according to the evaluation conducted by the Korea E-SOAS; and (iii) the risk of recidivism as a result of the evaluation conducted by the PC-R on the screen of the mentally ill person(PC-R), is evaluated as 16 points in intermediate; and (iii) the sexual crime of this case against the victim who is a relative to the victim of the attachment order of this case is difficult to readily conclude that the respondent for the attachment order of this case is likely to prevent a sexual crime again against an unspecified third person; and (iv) if the judgment of this case becomes finalized, it is difficult to conclude that the respondent for the attachment order of this case has no evidence to establish any risk of sexual assault and behavior distorted in the future through life, treatment program, registration of personal information, etc.

Therefore, the request for the attachment order of this case is dismissed in accordance with Article 9 (4) 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is reasonable.

Judge Jin-hun

Judges Park Jong-chul