A violation of the Act on Special Cases concerning the Punishment, etc. of Meritorious Crimes (Use and photographing of Cameras)

(Decree)

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

Any one (No. 1) shall be confiscated with 7 opons seized.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On June 22, 2019, the Defendant, at the elevator room of the elevator room of the elevator of the building B at Silung-si, performed alcoholic beverages with the victim C (the 14 years of age), and had the victim feel to have sexual intercourse with the victim by advertising alcohol withdrawal.

At around 17:00 on the same day, the Defendant exceeded the Defendant’s sexual organ at the above elevator machine room, as the victim who continued in the drinking game was drunk and did not properly accumulated his body, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

As a result, the defendant raped the victim by taking advantage of the victim's failure to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

The Defendant, at the time and place specified in paragraph (1) above, took a video image of the victim’s her her son using the cell phone camera function of the Defendant, and using her mobile phone camera function.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. C’s legal statement;

1. The statement made by the victim C in the video CD;

1. A report on investigation (on-site investigation) and a photograph of the investigation;

1. A criminal investigation report (Attachment to B CCTV images), CCTV images CDs;

1. A criminal investigation report, a report on analysis of digital evidence, or a closure of video images;

1. Requests for appraisal;

1. Records of seizure and the list of seizure;

Application of Statutes

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

Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of quasi-rape of children and juveniles, the choice of limited term) and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera, etc.

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is recognized as being a juvenile in light of his characteristics, since he is recognized as being a juvenile)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the extent of adding up the long-term punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment) Articles 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. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

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. Exemption from an order for disclosure and notification;

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 defendant is a child or juvenile)

1. Exemption from an employment restriction order;

Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the Defendant has no record of being punished for a sexual crime; the instant crime is not an offense against an unspecified victim; the Defendant’s access to a sex offender using his/her occupation and status to a sex offense or is unlikely to readily conclude that there is a possibility that he/she may readily prevent a sex offense or a risk of recidivism; and other special circumstances exist where the Defendant should not be restricted employment in light of the Defendant’s age, family relationship, or employment-restricted order, the effect of preventing sex crimes

1. Confiscation;

Article 48(1)1 of the Criminal Act;

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. Scope of applicable sentences under the Act: One year and three months from March to eight years (Provided, That in the case of a sentence of non-scheduled term pursuant to Article 60 (1) of the Juvenile Act, its maximum term shall be ten years, and in the case of a short term, five years);

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

Since the defendant is a juvenile, the sentencing criteria shall not apply.

3. Determination of sentence: A maximum of two years, and a short of one year and six months; and

The crime of this case was committed by the Defendant, a juvenile, using the fact that the Defendant had previously been unable to resist in alcohol, to have sexual intercourse with the victim, and to take the body of the victim. In light of the background leading up to the crime, the circumstances before and after the crime, and the attitude of the Defendant, etc., the nature of the crime was bad. Although the victim was found to have suffered sexual humiliation and mental impulse, the Defendant did not seem to have an attitude of denying the crime of quasi-rape from the investigative agency to the second trial date, and did not seriously reflect the Defendant by denying the crime of quasi-rape. In light of the fact that the Defendant did not agree with the victim or was unable to resist, it is inevitable for

However, the Defendant recognized that all of the instant crimes were committed late later, and divided his mistake. The Defendant seems to have been well aware of being a juvenile of 15 years of age, and caused the instant crime to be committed due to sexual intercourse and impulse. Prior to the instant case, the Defendant had no record of juvenile protection or criminal punishment, etc. are favorable circumstances.

In addition, in consideration of the defendant's age, family relation, character and conduct, environment, means and methods of crime, motive and circumstances of crime, circumstances after crime, etc., the punishment as ordered shall be determined.

Judges Yoon Young-young

Realization of Judges