2017 Highest 3037 Child Welfare Violation, Destruction and Damage of Property

A

Residents' files (prosecutions) and stuffs (public trial)

Law Firm (B)

Attorney C, D, and E

August 7, 2017

A defendant shall be punished by imprisonment for six months.

To order the accused to complete the sexual assault treatment program for 40 hours.

Criminal facts

On March 7, 2017: around 15:15, 2017, the Defendant, within G amusement room located in F in Busan, Busan, and at the same time, the Defendant: (a) located in G amusement room where the victim and his child (the 15-year-old age-) Had the victim Had the shoulder with a fixed amount equivalent to KRW 50,00,00, in the market price of the victim’s cell phone auxiliary gate located in the shoulder; (b) stored the red sea container with a fixed amount of money prepared in advance by the Defendant inside the bank equivalent to KRW 25,00,000, and destroyed the above mobile phone auxiliary gate and the bank; and (c) committed sexual harassment that causes sexual humiliation to the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

Application of Statutes

1. Article applicable to criminal facts;

Article 71(1)1-2 and Article 17 subparag. 2 of the Child Welfare Act (the occupation of sexual abuse against children), Article 366 of the Criminal Act (the occupation of destruction and damage of property)

2. Competition;

Articles 40 and 50 of the Criminal Act

3. Selection of punishment;

Imprisonment Selection

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. In a case where a judgment of conviction becomes final on the facts constituting a sex crime subject to disclosure or notification of personal information under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse ( comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, benefits and preventive effects expected from the disclosure or notification order of this case, and disadvantages and side effects therefrom, etc., the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, since the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes.

Sexual abuse against a child with the reason of sentencing, and thus, it constitutes an obstacle to the physical and mental development of the victimized child, there is no record of crime established in consideration of unfavorable circumstances, efforts to recover the damage, and reflects the fact that there is no record of crime established in consideration of unfavorable circumstances, such as the agreement with the victimized child or the failure to recover the damage, etc.

Judge Long-term Judge