Violation of law (Rape nests)

(b) Indecent acts by compulsion of minors;

(c) The punishment of sexual crimes and protection of victims thereof;

Violation of law (Minor Rape, Rape, etc.)

(d) Punishment of sexual crimes, protection of victims, etc.;

Violation of law (Taking photographs, such as Cameras)

Residence Daejeon: Not more than the Daejeon Embio-gu

Reference domicile and omission of Seongbuk-gu Seoul

A defendant shall be punished by imprisonment for three years.

131 days of detention before a judgment in the first instance is rendered shall be included in the sentence above.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Seized evidence No. 1 shall be confiscated.

To order the defendant to be put on probation.

Sentencing Points

2. Determination

A. The Defendant’s crime of this case was committed by indecent act by using a low time for female children at the age without their guardian to put in the mouths of the child who has inflicted sexual organ on the apartment elevator or rooftop, etc. and to inflict bodily injury on the Defendant in the course of the crime. The first instance court held that the Defendant’s initial crime was inevitable in light of the nature of the crime, and that the Defendant’s punishment was sentenced to imprisonment for a maximum term of three years and a short term of two years, within the scope of the punishment imposed on the Defendant, by taking account of the nature of the crime (the maximum imprisonment for a term of five years and seven years and the lowest one year and nine months), and sentenced the Defendant to imprisonment for a minimum term of two years.

B. As a result of a trial on the sentencing of the defendant at the trial, although the nature of the crime of this case is heavy, it was judged that there is no punishment force of the defendant prior to this case, and the parents of the defendant have agreed with the victim and have strong intent of protection. In light of the fact that the defendant is a senior student at the time of the crime of this case, it cannot be ruled out that there is no possibility that the defendant committed the crime of this case due to mental illness, such as the opiaia, etc. (in accordance with the result of appraisal conducted at the first trial, even if it was based on the result of the expert examination conducted at the National Legal Hospital held in the first trial, the defendant may be considered as sexual opia or opiaiaia), in addition to the sentence of the sentence of the punishment, it was judged that there is no room for improving the character and behavior of the defendant and preventing recidivism through appropriate mental and social treatment.

C. The Defendant’s defense counsel filed an application for permission of release on bail on condition of mental treatment necessary for the prevention of crime. The court examined the progress of treatment and decided the sentence against the Defendant. Accordingly, the Defendant completed an appropriate treatment program, and the Defendant’s guardian also granted permission of release on bail against the Defendant on January 18, 2008, on condition that the Defendant would receive appropriate education for improving the method of education against the Defendant.

D. On January 30, 2008, the defense counsel of the defendant delivered materials to the ○○○○ Mental Health Center (the president Kim○, Daejeon, Daejeon, omitted) to complete the treatment and consultation program for sexual intercourses, and to complete the treatment and consultation program. The parents also submitted a plan to the effect that they will complete appropriate education for improving the treatment method for the defendant. Accordingly, on February 14, 2008, the defendant completed the treatment program such as sexual intercourses, etc. before August 2008 at the ○○○○ Mental Health Center, and the parents also received appropriate education for improving the treatment method for the defendant. ② The defendant, parents or defense counsel submitted a written opinion on the detailed contents of the treatment program, etc. prepared by the above agency by February 29, 2008, including a written opinion on the treatment program prepared by the defendant, parents or defense counsel from the above agency to the date of the revision of the treatment plan. < Amended by Presidential Decree No. 20650, Apr. 28, 2008>

E. On April 28, 2008 and June 20, 2008, the president of the original president of the ○○○○ Department and Kim ○○○○○, via a defense counsel of the defendant, submitted a written statement of the progress of the treatment program. On August 21, 2008, the treatment program and the final statement of the defendant et al. were submitted.

(1) A self-report on April 28, 2008

From February 22, 2008 to April 25, 2008, the defendant had had a mental treatment for 10 times and 5 times with parents.

Considering the Defendant’s age, intellectual ability, social maturity, and family support, there have been adequate emotions and coordination up to now. The physical restriction has been shown due to the chronic progress of the inter-functional disorder and the imposed disease, and the active treatment has been recommended as variables in the treatment after the end. Until now, it is relatively appropriate to respond to sexual impulses, but it is rather necessary to keep constant observation and consultation, and it is thought that there is a need to improve the diagnosis of mental illness, such as the sonia.

The parents show the observation and support of the defendant due to the proper reason judgment, but also the psychological stress and physical disease are likely to occur.

Since both the defendants and their parents participate faithfully and actively, it is thought that they will be improved in the future.

In the future, the defendant and the parents are planning to continuously provide medical treatment once a week (as approximately two weeks a week) in an irregular manner.

(2) The report dated June 20, 2008

After the first report, the Defendant provided 8 medical treatment and the parents three times.

Considering that the current living environment is different from that of the children in the same way, the defendant is considered to maintain a relatively adequate living (such as academic, family, and maintenance of friendship).An internal disease that has been threatened is maintained in a non-academic stability.

Through parent counseling, the defendant has been given a task to judge and conduct the division of work autonomously, and as a result, the defendant's positive ability had not been known to his parents.

Until now, the defendant does not observe the unique sexual impulses or abnormal impulses, but rather seems to have serious sexual impulses and impulses with the chilling of this case.

The parents have increased the self-esteem and self-esteem of her children in their stable life with the passage of time.

All the defendants and their parents participate in the regular commitment hours in good faith.

(3) The results of self-treatment and the final statement of opinions on August 21, 2008

After the second report, the defendant provided 8 times, and the parents provided 3 times medical treatment.

Until now, the treatment results and complementary matters of the defendant are as follows.

Results of treatment.

Although the treatment began through the diagnosis of Maternia, the presumption agreement on the defendant's sexual disorder or preemptive behavior during the treatment process - the process of the treatment shows the normal impulse adjustment and suppression, and now, it shows a normal impulse adjustment and suppression. Although considering the sexual impulse, psychological depression, and drug approach to uneasiness, the treatment was suspended by relatively strict impulse adjustment and appropriate marction. By the time of the completion of treatment, the psychological treatment only maintained stability.

Although the Defendant had been aware of the importance of the case as a well-founded real history that was a juvenile but did not meet the age at the time of the instant case, he was trying to recognize his responsibility for his behavior through the detention house life, the life of the custody center, the period of release on bail, and try to take responsibility. While the Defendant appears to have a normal sexual impulse with regard to this sex, he is showing the reaction of avoidance rather than impulse with regard to her child.

Although ○ University Jinology complained of considerable concerns and difficulties in the course due to the important time of the study, it was the best efforts and practices to make efforts to return to society in the present-class situation. During the treatment period, the importance of families and their roles are expressed in a rush manner, and efforts are shown in the sense of responsibilities in their families, schools, and society.

complementary points.

It is thought that it is necessary to return to the social environment in which normal school classes and appropriate management and supervision (family, school, etc.) are given in the present situation as an important time for entering higher schools. Considering the social age and intellectual ability (average) of the accused, it shows relatively low real verification ability, which is the part that is acquired after having experienced experience and implementation through social activities.

Final Opinions

Considering the Defendant’s age, intellectual ability, social maturity, and family support, the possibility of recidivism of the Defendant is very low. The Defendant seems to know that sexual impulses against her children are legally and morally wrong, and that social interest, such as her parents, and her parents, school students, etc., is increasing and appropriate guidance and supervision are likely to be followed. If there is no difficulty in future career, it would be an example to sufficiently adapt without a big problem.

F. In full view of such circumstances and various sentencing data as seen above, the circumstances such as multi-level can be recognized. The Defendant’s intelligence index was under 85 with low intellectual ability, and the completion of basic academic background was insufficient due to liveration. After entering high schools, the Defendant lost academic interest and was living in a computer game. The instant crime was committed by reproducing the head of the Internet video, which was seen in the Internet video, and is considered to have weak awareness of self-act and the responsibility therefor. It is determined that the Defendant’s treatment of the Defendant during the instant period is not due to anti-social inclination or malicious behavior. On the other hand, it appears that the Defendant was able to recognize and take responsibility for her behavior, while considering the fact that the Defendant appeared to have been able to escape rather than shock, the Defendant appears to have been able to take action against his family, the Defendant’s social maturity, and the Defendant’s rehabilitation and rehabilitation in his family, and the Defendant’s rehabilitation and rehabilitation in his school.

Considering the above circumstances, comprehensively taking into account the defendant's age, character and conduct, motive, method, result, and circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, the motive and consequence of the crime, and the situation after the crime, it is judged that it is reasonable to improve the defendant's character and conduct through probation, which is prescribed as special matters to be observed for a certain period, and to prevent recidivism, the sentence of the first instance court sentenced to the punishment is unreasonable

3. Conclusion

Therefore, according to Article 364(6) of the Criminal Procedure Act, the judgment of the first instance is reversed, and it is again decided as follows.

Criminal facts and summary of evidence

Since each corresponding column of the judgment of the court of first instance is the same as that of the corresponding column, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

Articles 9(1) and 5(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof; the Criminal Act

Articles 319 (1) and 298 (Indecent Act by Indecent Act by Compulsion after Indecent Act by Compulsionment) and Article 319 (1) of the Criminal Act

§ 305, 301, or 298 (the occupation and abandonment of an indecent act by compulsion against a minor under the age of 13)

Article 8-2 (2) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof.

Subparagraph 1 (Before the amendment by Act No. 9110 of June 13, 2008), the Gu of a minor under 13 years of age

The Act on the Punishment of Sexual Crimes, Protection of Victims, etc., which inserting a sexual organ inside the lecture;

Article 8-2(2) of the Criminal Act, Article 298 of the Criminal Act

(13) The point of indecent acts by compulsion against minors under the age of 13, choice of imprisonment, punishment of sexual crimes and punishment of sexual crimes.

Article 14-2(1) of the Protection, etc. of Victims Act (the use of a camera and the choice of imprisonment)

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The punishment of a sexual crime with the largest punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

Punishment for concurrent crimes prescribed in the Act on the Protection, etc. of Victims (Rape, etc.)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Grounds for reversal)

1. Number of detention days;

Article 57 of the Criminal Act

1. Confiscation;

Article 48(1) of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Consideration Reasons, etc. for reversal)

1. Probation;

Article 62-2 (1) of the Criminal Act

It is so decided as per Disposition for the above reasons.

A line already made

Theirs kin

1. Ministry of Criminal Affairs

Matters to be observed on probation

(g) Cases of violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof, etc.

Defendant Kang ○

When a judgment ordering the probation of a defendant becomes final and conclusive, the defendant shall report in writing to the probation office within ten days, be subject to guidance by the probation officer, observe the following matters, and make efforts to become sound members of the society on his/her own. When he/she violates the following matters, he/she may be arrested and the suspension of execution may be revoked:

General Obligations

1. They shall reside in the residential area and engage in the occupation faithfully;

2. Persons who throw away bad habits leading to crimes and are likely to commit a crime, and persons who are likely to commit a crime;

It shall not be an educational or mileage.

3. To comply with the guidance, supervision and visit of probation officers;

4. They shall report to probation officers in advance when they change their residence or travel at home or abroad for not less than one month.

Special Observances

1. He/she shall not have access to the place where it is possible to create an opportunity or impulse to repeat a crime;

2. They shall refrain from engaging in speculative activities;

3. He/she shall not drink alcoholic beverages.

4. To privacy narcotics, psychotropic drugs, marijuana, and other substances which are likely to cause abuse or harmful effects;

not to be used.

5. They shall fulfill their responsibilities in family life, such as supporting their families;

6. The Defendant shall be subject to a mental counseling once a week from ○○○ Medical Doctor (President KimO) for the next one year (a probation officer may reduce the period and frequency of medical treatment by obtaining confirmation from the Defendant by the doctor in charge according to the progress of medical treatment).

Judges Kim Sang-hoon

Guidance on reporting persons subject to probation;

○ Residence within 10 days from the date of the final judgment ordering probation

part of resident registration at the Daejeon Probation Office, one copy of resident registration, two copies of half-name cards, and two copies of the photo;

The Director shall report Laos with the Director (Article 29 of the Act on Probation, etc.)

Paragraph (2) and Article 16 of the Enforcement Decree of the same Act)

○ When probation is not reported, probation is revoked.

Report may be made within the above-mentioned period because it may be subject to disadvantageous disposition, etc.

Egratisfavour

○ Location and telephone number of the probation office

Daejeon Probation Office: Daejeon District Court 285 - 1 (042) 280 - 1241