2014Gohap21 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age);

(Indecent Act by Compulsion by Minors)

2014.Saccinal 4 (Joint Attachment Orders)

A

Excursion ship, leapna (public trial)

Attorney B

September 19, 2014

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Probation of the accused, community service for 120 hours and treatment of sexual assault for 40 hours.

To order lectures.

The request for the attachment order of this case is dismissed.

Criminal facts

The Defendant and the Victim C (Nam, 11 years of age) are the death of customers from the “Esa,” located in the Gangwon-do class D of Gangwon-do. The Defendant, around December 22, 2013, committed an indecent act by force against the victim by taking the victim’s sexual organ expected to sit on the face from the Esa on December 19:10, 2013.

Summary of Evidence

1. Legal statement of witness F;

1. The statement of a victim recorded in a statement video CD;

1. The police statement concerning F;

1. Each statement of G, H and F;

1. Stenographic records of victims;

[Defendant and his defense counsel asserted that the victim's sexual organ was frighten of the victim's bridge to the effect that it was frighten, and that the victim's sexual organ was not true, even if the victim's sexual organ was met, it was not intentional, and it was not contrary to social rules. Further, the victim's sexual organ was consistently consistent with the witness of the victim, and the victim's sexual organ was frightened, and the victim stated that the victim was frighten of the victim's sexual organ, and that the victim was frighten of the victim's sexual organ. The victim and witness stated that the victim was not frighten of the victim's sexual organ at the time of the occurrence of the case, and that the victim was not frighten of the victim's sexual organ at the time of the crime, and that the victim was not frighten of the victim's sexual organ at the time of the first time, and that the victim was not frightd of the victim's sexual organ at the time of the crime.

Application of Statutes

1. Article applicable to criminal facts;

Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation, community service or order to attend lectures;

Article 16 (4), main sentence of Article 16 (2), and main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment,

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

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

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

[Special Escopic Persons] Reduction element: Where the degree of indecent conduct is weak;

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment of two years and six months to five years

3. Whether to suspend the execution;

[Major Grounds for Reference] positive: In a case where the degree of indecent act in an indecent act crime is weak;

[General Reference Grounds] positive social relation clear

4. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and three years of suspension of execution.

The Defendant committed the instant crime against the victim immediately after the instant crime was committed by the victim, but this was merely a police officer’s statement, etc., which does not entirely reflect the instant crime; the Defendant’s failure to agree with the victim to commit the instant crime; the Defendant is seeking the punishment of the Defendant; the Defendant committed the instant crime against the victim in the process of forming the sexual identity and values of the Defendant; and the Defendant appears to have considerable psychological impulses for the victim.

On the other hand, the fact that the defendant has no record of sexual crime and no record of punishment, and that there was no assault or threat to be socially criticized in the instant crime, and that the degree of indecent act of the instant crime was not compared to that of the Defendant is favorable to the Defendant. Other factors indicated in the instant case, including the Defendant’s age, character and conduct, circumstances before and after the instant crime, and the means and method of the instant crime, etc., shall be determined as per the disposition, comprehensively taking into account

Registration of Personal Information

Where a conviction becomes final and conclusive against a defendant, 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 authority pursuant to Article 43 of the same Act.

Disclosure and Notification of Registered Information

In full view of the following circumstances: (a) the Defendant committed the instant crime against a victim who had no awareness of his or her reputation; (b) the Defendant was aged and has no record of sex offense; (c) the Defendant has three children and several grandchildren; (d) the degree of indecent conduct in the instant crime is not relatively more severe; and (e) the Defendant’s character, conduct, and environment, etc., the disclosure and notification of the Defendant’s personal information is considered harsh. Therefore, since there are special circumstances under which the Defendant’s personal information should not be disclosed and notified, disclosure and notification of the Defendant’s registered information is not required pursuant to 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.

Part requesting attachment of location tracking device

1. Summary of the request for attachment order;

A person who requests an attachment order is highly likely to recommit a crime.

2. Determination

Article 9(4)4 and Article 28(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders shall be dismissed by a judgment when a court declares the suspension of execution of a specific crime case: Provided, That the court may order the attachment of an electronic device to verify whether the specific criminal case is subject to probation while suspending the execution of a sentence.

In the instant case, the court shall, in principle, dismiss the request for the attachment order in light of the following: (a) considering that the person subject to the request for the attachment order has a certain occupation and has no criminal record of probation or heavier than that of probation for 20 years; and (b) it cannot be deemed that the attachment of an electronic device is necessary to verify whether the matters to be observed are complied with; and (c) thus, the request for the attachment order of this case is dismissed.

Jurors' verdict (7 in total) and sentencing opinions.

1. Determination of innocence or innocence

Man Il-il guilty

2. Sentencing Opinion

Imprisonment with prison labor for a limited term of two years and six months, three years of suspended execution;

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

The number of lectures (Presiding Judge)

Ethical police officer

Ise Jina