2018Recognition899 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

The Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Associate)

Indecent Acts and Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse)

A

Maok-young (prosecution), Hashes (public trial)

Attorney Park Sang-woo

January 18, 2019

A defendant shall be punished by imprisonment for one year.

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.

Criminal History Office

The Defendant, around July 8, 2015, as of the second grade B, and as at the time, the same anti-compon C had an immigration, followed by the victim D (the family name, the age of 16 at the time), the victim E (the family name, the female name, the age of 16 at the time), and F, G, etc., including the victim E (the age of 16 at the time), made a separate dispatch, followed by the Defendant. On July 9, 2015, around 03:30, 2015, the Defendant was locked from the G’s self-proponed building J located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

1. Quasi-decent acts by compulsion against the victim D;

On July 9, 2015, the Defendant: (a) around 04:30 on July 9, 2015, when she was shed with C and G, the Defendant she was shed under the chests of the victim D, shed, and shed the victim’s her part and her part; (b) again shed the victim’s back and her part and her part, and continued to her her part to her part and her part to her part with the victim’s left hand and her part to her part and her part to her part to her part; (c) the victim returned her body and her part to her part to her part and her part to her part to her part to her part to her part to her part to her part and to her part to her part to her part to her part to her part to her part to her part to her part to her part to her part to her part.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. A quasi-indecent act committed against the victim E;

The Defendant, at the same time and place as mentioned in the preceding paragraph, committed an indecent act against D as mentioned above, and misunderstanding that the victim E was locked, and the Defendant continued to see that the victim E was locked, by putting his hand in the victim’s clothes, and frightening the victim’s chest, and frighten the victim’s chest to avoid this, she saw the victim, and she tried to enter the victim’s chest on a t lease, and to keep the victim’s chest back, and to put the victim’s her finger on the part of the victim.

As a result, the defendant tried to commit an indecent act against the victim by taking advantage of the victim's mental or physical state of mental or physical state of escape, but the victim was not locked and did not commit such an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D (alias) and E (alias);

1. Written Statements Prepared on 01 October 2015

1. A copy of the suspect-D (tentative name) conversation in around 2015, and a copy of the suspect-E (tentative name) conversation in around 2015;

Application of Statutes

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

Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act; Article 7(6), (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 and the main sentence of Article 27 of the Criminal Act (the attempted charge of juvenile quasi-indecent acts; the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37 and Article 38(1)2 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims D with heavier Crimes]

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. An employment restriction order;

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, Jan. 16, 2018)

Main text

1. 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 has no history of criminal punishment for a sexual crime prior to the instant case, and in light of the relationship between the defendant and the victims, it is difficult to readily conclude that the defendant has a risk of recommitting a sexual crime against an unspecified female. Furthermore, the defendant’s imprisonment with prison labor, registration of personal information, order to complete a sexual assault treatment program, restriction on employment against a child or juvenile-related institution, etc. appears to have an effect of preventing reoffending. In addition, taking into account the defendant’s age, environment, family relationship, social relationship, motive and consequence of the crime, method and consequence of the disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury caused by the disclosure or notification order, and the effect of the prevention of the sexual crime subject to registration and the protection of the victim, it is determined that there is a special reason to not disclose or notify the defendant’s personal information.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for one year to two years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violating the Act on the Protection of Children and Juveniles against Victims D against Sexual Abuse;

[Determination of Punishment] The crime of indecent act by compulsion (subject to the age of 13 or more) on the grounds of the general standards on sexual crimes

*The descriptive criteria: Juvenile indecent act by compulsion (including deceptive or indecent act by force) shall be included in the category 2, but the upper and lower limit of the range of sentence shall be reduced to 2/3.

【Special Convicted Person】

[Scope of Recommendation] Basic Field, Imprisonment from August to April 3

B. The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E is an attempted crime, and the sentencing criteria are not applicable.

(c) Final recommending type based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year and eight months (the crime for which the sentencing criteria are set and the crime for which no sentencing guidelines are set are concurrent crimes under the former part of Article 37 of the Criminal Act, considering only the lowest limit of the sentencing range in the sentencing criteria for crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

3. Determination of sentence;

In full view of the following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing factors shown in the arguments in the instant case, such as the circumstances after the crime, the punishment shall be set as the order by lowering the lower limit of the recommended sentence according to the sentencing guidelines.

○ Unfavorable Circumstances: Each of the instant crimes committed by the Defendant committed or attempted to commit an indecent act against the victims by taking advantage of the mental disorder or state of failing to resist by the victims, who are the same high school-friendly and juvenile, and the victim. In light of the background and method of the crime, the age of the victims, and the degree of indecent act, etc., the crime is not good. The victims appears to have caused considerable mental impulse and sexual humiliation. The instant case was transferred to another school after the occurrence of the instant case, and the instant case was not prosecuted at the time, but the Defendant was not used by the victims until now, and the victims were punished for the Defendant.

In light of the favorable circumstances: (a) the Defendant denied the crime against the victim D at an investigative agency; (b) in this court, the Defendant recognized all of his criminal acts; and (c) had no record of criminal punishment prior to the instant case; and (d) the Defendant was a second-year student of a high school at the time of the instant crime

Registration and submission of personal information

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to 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

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu

1) It is the name of the crime under subparagraph 5 (a) and attached Table 5 of the established rules on the name of the crime to be stated in the indictment and in the non-prosecution book.