2012 High 542 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

Shipping 00

Instigious (prosecutions) and instigiouss (Trial)

Attorney Park Jong-soo (Korean National Assembly Line)

December 5, 2012

Defendant shall be punished by a fine of 3,00,000 won.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

On June 19, 2012, when the Defendant lacks the ability to discern things or make decisions due to intellectual disorder, the Defendant discovered the Victim Kim ○ (Yin, 17 years old) who was a child or cleaning year that was going on the street around 10, Daejeon, Daejeon, Daejeon, 233 - 10 years old-dong 233, 17 years old-dong, and 2 years old-dong 17 years old-gu, 3 years old-gu.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against Kim○-○

1. A mental appraisal report;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act.

1. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)6 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Suspension of a program;

The proviso to Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., a special circumstance in which it is impossible to impose orders to complete programs, such as a mentally handicapped person under Article 10

Registration of Personal Information

Where a conviction of a criminal fact in the judgment that is a sex offense against a child or juvenile becomes final and conclusive, the defendant is subject to the duty to submit personal information to the competent agency pursuant to Article 34 of the Act on the Protection of Children and Juveniles against Sexual Abuse, as he/she falls under a person subject to registration in a personal position under Article 33 (1) of the same

Reasons for sentencing

The punishment identical with the order shall be determined in consideration of the fact that the defendant divided the crime and reflects his mistake in depth, that the defendant committed the crime of this case in a state which has weak mental and physical disorder due to the intellectual pet, and that the exercise of force against the victim and the degree of indecent act is weak.

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

Judges Ahn Byung-chul

Judges Hong Jin-young

Judges Kim Byung-hun