Indecent act by compulsion, entry into residence, inducement of indecent act and inducement of indecent act.

Attempts Attempted

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

The public information on the accused shall be disclosed through the information and communications network for three years and the notice of the information shall be notified for three years (However, the summary of the sexual crime shall be limited to the crime of violation of the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Minor Indecent Acts under thirteen years of age) in the judgment.The prosecution against the attempted indecent act, inducement and inducement among the facts charged in the case shall be dismissed.

1. The crime on April 10, 2013;

(a) Intrusion upon residence;

On April 13:02, 2013, the Defendant discovered the victim E (6 years of age) entering the entrance of the OOdong of the Seocho-gu Busan apartment, and attempted to commit an indecent act against the victim, and entered the said apartment through the entrance of the said apartment with the victim, thereby infringing on the residence of the aforementioned apartment residents, including the victim.

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

1) On April 10, 2013, the Defendant: (a) around 13:03, when waiting for an elevator in order to move from the stairs of the first floor of the apartment elevator in front of the above apartment elevator, the victim waiting for the elevator was her seat; (b) continued to board the elevator with the victim as the victim, and (c) the victim in the elevator seat was her knick and her knick with the victim in the elevator seat. Accordingly, the Defendant forced the victim under 13 years of age to commit an indecent act.

2) On April 10, 2013, the Defendant: (a) around 13:37, 2013, from the stairs between the 19th and 20th floor of the above apartment building, the Defendant: (b) 20th floor in the stairs between the 19th floor and the 20th floor living together with the 20th floor in order for the victim to play out; and (c) 19th floor in the elevator, the victim’s her her her her her her her her her her her her her her her her her her her her her her arm

3) On April 10, 2013, at around 13:40, the Defendant: (a) made the victim get off from the elevator that arrived at the 25th floor of the victim, and went out to the corridor connected to the victim’s front and panty by stairs, and cut off the victim’s sound and her panty with the victim’s own hand, and cut off the Defendant’s her panty and panty, and taken off the Defendant’s her panty and panty, and turned out the Defendant’s panty.

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

2. Intrusion upon a house on April 11, 2013;

At around 13:30 on April 11, 2013, the Defendant entered the entrance of the above apartment to react the victim, thereby infringing on the residence of the above apartment residents including the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statements recorded in E (Secondary);

1. A complaint filed by the F;

1. Investigation report (limited to the attachment of CCTV photographs of apartments recorded at the criminal scene);

Application of Statutes

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

Article 319(1) of the Criminal Act (a residential intrusion, choice of imprisonment), Article 7(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act (a minor's indecent act under the age of 13 and choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act and Article 1-2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Aggravation of concurrent Crimes by Punishment of Minor Indecent Act)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances considered in front and rear)

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. An order for disclosure;

Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

Reasons for sentencing under Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

[Scope of Punishment] Imprisonment of 2 years and 6 months to 22 years and 6 months;

【Scope of Recommendation】

b) Basic crime: the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (ab) No. 1-3

[Determination of Punishment] Sex Offenses, General Standards, Sex Offenses against the Age of 13, Indecent Act by Compulsions (Type 3): Reductions

- Aggravations: Crimes in Special Protection Places

[General Convicts] - Reductions: No record of criminal punishment

- Aggravations: planned crimes

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

○ 1 and 2 concurrent crimes: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Articles 1(b)(1) and 1(2) of the holding (a minor indecent act under thirteen years of age)

[Determination of Punishment] A sex offense, general standards, sex offenses against less than 13 years of age, indecent acts by compulsion (type 3), - Aggravated Punishment element: In cases where the degree of indecent acts is weak, no penalty shall be imposed.

- Aggravations: Crimes in Special Protection Places

【General Exemplarys : No history of criminal punishment;

- Aggravations: planned crimes

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years (Mitigation)

○ Scope of recommended punishment revised according to the standards for handling multiple crimes: Imprisonment with prison labor for at least four years (the lowest limit of recommended basic crime is considered because each residential intrusion crime is committed in the holding that no sentencing guidelines are set).

[Determination of Sentence] The crime of this case 3 years of imprisonment committed an indecent act on a female child who is only 6 years of age in an apartment elevator, and committed another indecent act on the apartment rooftop that is going through without any access to people, and then, in light of the victim's age, background of the crime, and details of the crime, etc., the crime is very heavy in light of the victim's age, the crime committed, and the mental impulse of the victim who is ageed as the crime of this case seems to be considerable, it is necessary to punish the victim with severe penalty corresponding thereto.

However, the degree of tangible power exercised by the defendant is relatively little, there is no history of criminal punishment, the confession of all the crimes of this case, the victim's parents and children wanted to take care of the defendant, and the defendant seems to have the possibility of improving his/her edification with the young age of 24 years, and the fact that the defendant's family members are in the mental treatment and guidance of the defendant who shows the character disorder tendency of the defendant, and the defendant's family members are in favor of the defendant's family members. In addition, the defendant's punishment is lower than the lower limit of the recommended punishment by taking account of various sentencing conditions shown in the arguments of this case, such as character and behavior, family relationship, etc.

In addition, it orders the completion of sexual assault treatment programs for 80 hours in order to reflect and improve the sex of the defendant's sex crime tendency.

Registration of Personal Information

Where a conviction becomes final and conclusive on the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age) under Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42 of the same Act and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

Public Prosecution Rejection Parts

1. Summary of the facts charged

(a) Inducement of indecent conduct;

On April 10, 2013, immediately after the crime of paragraph 1-b (2) of the above Article, on April 13, 2013, the Defendant: (a) around 13:37, on the apartment elevator of the above apartment, the Defendant opened 25th floor pressings on the rooftop in order to take the victim under the age that the elevator arrives in the first floor, and in order to take the victim's sexual desire to solve the sexual desire of the Defendant; and (b) was harsh, so that the victim can get off from the elevator that arrived at the 25th floor, and led the victim to commit an indecent act against the victim.

(b) Attempts of indecent conduct;

On April 11, 2013, 13:46, the Defendant: (a) while the victim was waiting for returning home from the stairs between the first floor and the second floor of the above apartment, the victim entered the entrance of the above apartment, and boarded the elevator with others; and (b) opened the victim’s corridor leading from the stairs of the 25th floor to the rooftop, as shown in the preceding day, in order to take the victim from the stairs of the 25th floor to the rooftop and commit an indecent act by the victim; (c) however, the Defendant inducedd the victim as “a person on the rooftop”, but the victim did not have attempted to do so from the 20th floor where the victim was ppuri and the victim’s house was located.

2. Determination

However, the above facts charged are the crimes falling under Articles 288(1) and 288(1) of the Criminal Act, which fall under Article 294 and Article 288(1) of the Criminal Act, and can be prosecuted only upon the victim's complaint under Article 296 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012). According to the written agreement entered in the trial record, F, the complainant, may recognize the fact that the complaint was withdrawn by submitting the above written agreement stating his/her intent to withdraw his/her intent to seek punishment against the defendant on August 30, 2013, after the prosecution of this case was instituted, so this part of the prosecution is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

Judge Lee Young-young

Judges Cho Jong-sung