Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Death Resulting from Rape)

[Defendant-Appellant]

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 had a mind to commit an indecent act or rape against a parent-maid victim B (here, C) who is a friendship with his/her older person making it difficult for him/her to do so due to a lot of difference between his/her age and his/her age, using time together with the two.

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

A. The Defendant, around the time of February 2013, at the Defendant’s house located in Songpa-gu, Songpa-gu, Seoul, used the gap without one’s parents, covered by the victim’s cell phone in the vicinity of the victim who reported his/her mobile phone, kiddddd the victim’s sound by his/her hand, and kidddd the victim’s hands by the victim’s hand, who is about to go out and go out of the victim’s hand with his/her hand, so that the victim’s hand and shoulder may not be able to resist again and resist the victim’s body, and caused the victim’s part by his/her hand to prevent him/her from putting the victim’s hand on the part of the victim’s body.

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

B. From July 2014 to August 2014, the Defendant, at the above Defendant’s home, allowed the victim to enter the victim’s own room, and called “off of clothes” several times, namely, putting the victim scam, and let the victim scam off and panty, let the victim knick, cut off the panty, and knife the knife the knife, let the victim knife the knife, knife the knife the knife, and knife the victim’s sexual organ into the knife of the victim so that the victim may not resist.

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

C. From September 201 to December 12, 2015, the Defendant: (a) allowed the victim to enter the said Defendant’s house with his/her own room; and (b) allowed the victim to take a door, knee, knee, knee, knee with the victim’s eye, knee with knee with knee with knee with knee by hand; and (c) allowed the victim’s sexual organ to be tightly sealed into the victim’s inner speed by force, with his/her back part of the victim’s head being kneed in front, rear, and rear.

Accordingly, the defendant committed similar acts by assaulting and threatening the victim under 13 years of age.

D. From March 2016 to June 2016, the Defendant told the victim at the above defendant's home to enter one's own room, and told the victim several times as 'be off' that she saws off the clothes as a fright to frighten the victim, and let the victim sit off the panty and panty, let the victim sit off the fright, cut off the panty, and suck off the fright, cut off the fright, and failed to resist by putting the fright of the victim into the body of her body, and put up the knick inside the part of the victim's body, and put the knick up several times.

Accordingly, the defendant committed similar acts by assaulting and threatening the victim under 13 years of age.

E. Around March 2017, the Defendant, at the above Defendant’s house, made the victim enter the victim’s room, and made the victim go off her clothes on several occasions, i.e., putting the victim off her clothes, and made the victim go off her panty, and made the victim go off from her panty, and her two legs her body by placing the victim down her two legs on the floor set off on the floor, and made the victim go off her body so that they do not resist against her body, and repeated the victim’s sexual organ inserted into her body.

Accordingly, the defendant raped the victim under 13 years of age.

As above, the Defendant committed an indecent act, rape, and similar act against the victim, thereby causing injury to the victim, such as after-depth stress disorder, etc., where the number of days of treatment is unknown from the day immediately after the crime was committed.

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

A. On October 2017, the Defendant, at the above Defendant’s house, entered the victim’s room, and again inserted his/her own sexual organ into the part of the victim’s body so that he/she can not resist the victim’s body by putting him/her into contact with the victim and forced him/her to get the victim into contact with the victim, and forced him/her to get the victim out of the victim’s panty and panty, and put the victim out the wall on the floor so that he/she may not resist the victim’s body by putting him/her into the part of the victim’s body.

Accordingly, the defendant raped the victim who is a child or juvenile.

B. On May 2018, the Defendant: (a) sent the victim’s room at the above Defendant’s house, let the victim enter his room; and (b) sent her clothes to the victim who wants to sleep back the visit several times; (c) frightened the victim; (d) frighted the victim with her pande and panty; and (d) frighted the victim out of the panty; and (e) frighted the victim with her spoke and panty; and (e) frighted the victim with her spos, she spoched the victim with her spos, and prevented the victim from resisting with her upper body by inserting the spos of the victim’s body

Accordingly, the defendant raped the victim who is a child or juvenile.

C. On August 2018, 2018, the Defendant: (a) sent the victim’s room at the above Defendant’s house; and (b) sent the victim a sponsed her clothes to the victim who wants to sleep back the visit several times; and (c) forced the victim to get off the victim’s sprink and panty; (d) taken off the victim’s spice and panty; and (e) taken the victim’s spice on the part of the victim’s body so that they did not resist the victim’s body by cutting off the victim’s spice and panty; and (e) put the victim’s spice into the part of the victim’s body so that they do not resist the victim’s body.

Accordingly, the defendant committed a similar act by assaulting and threatening the victim who is a child or juvenile.

As above, the Defendant raped the victim and committed similar acts to the victim, thereby causing injury to the victim, such as after-school stress disorder, etc., where the number of days of treatment is unknown from the day immediately after the crime was committed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, and F;

1. A copy of medical records, a medical opinion for patients, a medical certificate, and a copy of a medical treatment request;

1. Investigation reports (on-site verification);

Application of Statutes

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

Articles 8 (1) and 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act, Articles 8 (1) and 7 (2) 1 (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime causing the similarity of minors under the age of 13), Articles 8 (1) and 7 (2) 2 (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime causing the similarity of minors under the age of 13), Articles 8 (1), 7 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 9 and 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a crime causing the rape of minors under the age of 13), Articles 9 and 7 (2) 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a crime causing the similarity of juveniles), and each type of punishment.

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and the punishment provided for in the Act on the Punishment, etc. of Sexual Crimes on March 2017, with the largest number of crimes committed]

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: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) it is difficult to readily conclude that the defendant has a risk of recidivism due to the absence of a previous criminal record in the same kind; (c) the registration of personal information and orders to complete a program against the defendant may have the effect of preventing recidivism; and (d) other anticipated side effects such as the disadvantages the defendant may sustain and the victim’s relatives due to an order to disclose or notify information; and (e) the defendant’s age, occupation, family environment, social relationship, motive, means, and consequences of the instant crime, etc., the disclosure and notification of the

1. An employment restriction order;

The main sentence of 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)

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from five years to June 22;

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

(a) First offense: Crimes in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Death or Injury resulting from Rape, etc. by a minor under the age of 13) ;

[Determination of Punishment] In a case where the result of injury was caused, the area in which the injury was reduced in category 5 (Rape) (6 to 10 years).

[Special Mitigation] Ad hoc Inspector

(b) Crimes Nos. 2 and 3: Offenses in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc. with minors under the age of 13, and crimes No. 1-c.

[Determination of Punishment] Where the result of an injury occurs, the mitigation area (5 to 9 years) of the type No. 4 (Compulsory Comparison) shall be mitigated.

[Special Mitigation] Punishment is not to be imposed. The scope of final sentence due to the aggravation of multiple crimes: Imprisonment with prison labor for 6 years to 17 years (the upper limit of the first crime + 1/2 of the upper limit of the second crime + 1/3 of the upper limit of the third crime)

3. Determination of sentence: Seven years of imprisonment;

The crime of this case is not very good because the defendant sustained stress disorder on credit by engaging in indecent acts by compulsion, similarity and rape for about five years, and the crime of this case was committed by the victim who is a pro-born victim. The first crime committed by the indecent act was gradually interviewed at the time of the first crime, resulting in rape. At the time of the first crime, the victim was only nine years of age, and due to the crime of this case committed for a long time, the victim suffered considerable physical and mental pain, such as multiple times, and hospitalization at the hospital by attempted suicide, etc. In addition, the crime of this case is deemed to have a negative impact on the formation of a sound sexual value while the victim is growing in the future. Therefore, it is inevitable to punish the defendant significantly.

However, the Defendant has no record of criminal punishment. The Defendant has no record of criminal punishment. The victim is under medical treatment and efforts to return to daily life, such as school life, and the Defendant wishes not to be subject to criminal punishment, as well as the Defendant’s wife against the Defendant. The Defendant currently wishesed to take the Defendant’s wife against the Defendant. The Defendant is still under the age of 19 years, and was a juvenile under the Juvenile Act at the time of the instant crime. Such circumstance was considered as favorable to the Defendant. Considering the circumstances favorable to the Defendant, the Defendant’s character, family relation, motive, means and consequence of the Defendant’s crime, and the various sentencing conditions in the instant trial process, such as the circumstances after the crime, shall

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.

For judges:

Judges Gangseo-gu