Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Anti-indecent act by quasi-indecent act by relatives

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

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

The defendant is a relative with the victim B (n't, 24 years of age).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. Around July 2016, the Defendant, at the time of the new wall on July 2016, 2016, breaddddddddd the victim, who was drunk and returned home (the age of 22 years at that time) at the Defendant’s house in the Dongjak-gu Seoul Metropolitan Government building and the second floor, laid off the victim on the ground of this boom, and her son was her her k’s

B. Around April 2017, the Defendant committed an indecent act against the victim, who was under the influence of alcohol at the building of Dongjak-gu Seoul Metropolitan Government and the Defendant’s house located under subparagraph (e) and was placed on the bed and laid down on the bed, and was frighted by inserting his fingers inside the bed and her fingers, thereby committing an indecent act against the victim in a state of mental disorder or inability to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On July 1, 2018, at around 23:55 on July 23:5, 2018, the Defendant, under the influence of alcohol at the places set forth in the above 1-B, laid off the victim’s her home, laid off him on the bed, taken the victim’s panty, spande the victim’s panty, and took the victim’s clothes above the victim’s panty, and had sexual intercourse with the victim at the state of mental disorder or escape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. One copy of a written request for appraisal and a written appraisal;

Application of Statutes

1. Article applicable to criminal facts;

Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in relation to relatives)

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 crime of this case does not have the career of having been punished for the same sex offense against the defendant, and the crime of this case alone is difficult to readily conclude that the defendant has a criminal tendency against an unspecified number of unspecified victims. It appears that the defendant can have the effect of preventing re-offending even with the registration of personal information against the defendant, the completion of sexual assault treatment program, and employment restriction order. In addition, taking full account of the defendant's age, family relation, social relationship, the effect expected by an order to disclose or notify the defendant's personal information, and any disadvantage and side effect arising therefrom, it is reasonable to deem that there are special circumstances that the disclosure or notification of the defendant's personal information should not be made).

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

(a) Quasi-rape under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] General Criteria for Sex Offenses of Type II (Rape, Rape, etc. in Connection with Relatives)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, 3 years to 5 years

(b) Crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Type] The crime of indecent act by compulsion (subject to the age of 13 or more) on the basis of the general standard of a sex crime, the second type of the crime of indecent act by indecent act by indecent act by indecent act, etc. (the act of indecent act by indecent act

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, 1 year and 6 months to 3 years. The scope of final recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for three years and 6 months to 8 years (the lowest limit of basic crime sentencing criteria is lower than the statutory minimum limit of applicable sentences, so it shall be in accordance with the statutory applicable sentences, and the sentencing guidelines for the second crime shall be added up in June of 5 and 1/2 of the maximum sentencing guidelines for the third crime and one-third of the maximum sentencing guidelines for the third crime).

3. Determination of sentence;

The following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, degree of participation, and circumstances after the crime, etc., are comprehensively considered, and the punishment is determined as ordered by the order beyond the lower limit of the punishment according to the sentencing guidelines. The unfavorable circumstances of the instant crime: (a) each of the instant crimes was committed by the Defendant on two occasions by taking advantage of the victim’s mental disorder or non-opportune condition; and (b) the nature of the instant crime is very poor in light of the course and frequency of the crime. The victim appears to have suffered secondary damage, such as requesting the Defendant to prepare a written application for punishment against the Defendant by his early relative; (c) the victim appears to have expressed his intention not to punish the Defendant during the investigation process and withdrawn it.

The circumstances favorable to ○○: both of the Defendant and the Defendant are recognized and reflected. There is no criminal conviction for the Defendant, and there is no record of criminal punishment exceeding the fine. As seen earlier, the victim expressed his/her intention of not to impose punishment once at an investigative agency and withdrawn it thereafter, but the victim’s father who became aware of the circumstances of the case later agreed to make every effort to protect the victim and recover from damage, and the victim did not want the punishment against the Defendant by taking advantage of the Defendant. The family members of the Defendant have the edification of the Defendant.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency in accordance with

Judges Park Jong-ro

Judges Park Jae-gu