2014Gohap245 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compreting deceptive means, etc.)

A

Plusium (prosecution), leapment (public trial)

Attorney B (Korean National Assembly)

November 14, 2014

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

On February 13, 2014, the Defendant promised to pay KRW 70,00 to the victim D (the age of 17) contact through the "C," which is called a smartphone hosting c at around 21:40 on February 13, 2014, and entered the 302 "Felel" located in Busan, Seo-gu, Busan.

However, even though the defendant did not do so in kis, and instead did not want to do so, the defendant sent 20,000 won to the victim despite the victim's refusal to do so, the defendant sent 20,000 won to the victim. The defendant's sexual organ was inserted into the part of the victim's sexual organ while putting the victim's two legs into the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. Statement made to D by the police;

1. Police video CDs with D;

1. Photographs;

1. An investigation report (as to the details of the report);

Application of Statutes

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

Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment);

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;

Article 21(2), main sentence of Article 21(3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, Etc.

Reasons for sentencing

[Scope of Punishment] Imprisonment of two years and six months to fifteen years;

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to at least 13 years of age), Type 2 (Rape/Special Rape, etc. in Connection with Relatives)

[General Doessensor] The serious reflector, there is no record of criminal punishment (each mitigated element), and where the crime is committed against juveniles (aggravated element)

[Scope of Recommendation] 5 years to 8 years (Basic Area)

[Decision of Sentence] The crime of this case 3 years of imprisonment with prison labor is committed by force by taking into account the fact that the defendant's sexual intercourse with a female juvenile who had met through "the life of the defendant as an object of solving his sexual desire." Considering the fact that the nature of the crime is considerably poor in light of the background, method, etc. of the crime, that the defendant's crime seems likely to adversely affect the victim's growth process at his age in the future, and that the defendant did not receive a letter or a letter from the victim, it is inevitable to sentence imprisonment with prison labor against the defendant. However, the defendant's mistake is recognized and against his own mistake, and the defendant does not seem to have inflicted severe physical pain on the victim in the course of the crime of this case, it is the first offender who has no record of criminal punishment different from the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant shall be determined by leaving the scope of the recommended sentence as per the order.

Registration of Personal Information

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime against the 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 the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act (In full view of the various circumstances stated in the reasoning of both punishment, considering the special circumstances where disclosure and notification of personal information of the defendant should not be disclosed or notified, the order to disclose

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Judges Il-il