2013No395 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (13)

Minor Rape, etc.)

Violation of the Act on Special Cases concerning the Punishment, etc. of Crimes (Minor Minors under thirteen years of age);

【Maternity】

A person shall be appointed.

Defendant

Dozboards (prosecutions) and Kim Woo (Trial)

Attorney B

Busan District Court Decision 2013Gohap286 Decided July 12, 2013

November 20, 2013

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the lower court (a five-year imprisonment, a 120-hour order to complete a sexual assault treatment program) is too unreasonable.

2. Determination.

In light of the fact that the defendant has yet to reach his age, reflects his mistake in depth, and is an initial offender who has no record of criminal punishment, etc., it seems that there is a possibility of sufficiently improving and edification. At the time of the crime of this case, the fact that the defendant has yet to be punished by a juvenile under the age of 17 to 18 who is well-known in personality and emotionally, and the fact that the victim does not want the punishment of the defendant is favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, where the victim, who is the second dubed victim, who was under normal trust, committed a similar sexual act by force by taking into account the victim's age subject to resolution of his sexual desire, and further sexual intercourse is committed. In light of the relationship with the victim, the victim's age, frequency of the crime, method of crime, degree of damage, etc., the crime of this case is very heavy and bad, and the victim appears to have suffered from mental distress due to the defendant's act by the child at the 10th century at the time of the crime of this case.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (b) all of the sentencing conditions in the instant case, including the circumstances after the crime; and (c) the lower court’s sentence equivalent to the least sentence of legal penalty that has undergone discretionary mitigation, it cannot be deemed that the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act and it is so decided as per Disposition (Provided, That where the judgment of the court below becomes final and conclusive as to each crime in the "registration of personal information" part of the judgment below, 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 a person subject to registration of personal information pursuant to Article 42 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012). In accordance with Article 33 (1) of the former Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012), it is obvious that the defendant is a person subject to registration of personal information under Article 42 (1)

Judges Lee Jae-soo

Judges Jeong-young

Judges already appointed