2017Gohap764 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compreting deceptive means, etc.)

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act)

2017Gohap841 (Joint) Violation of the Guarantee of Automobile Accident Compensation Act

A

Ors, paper ships, and official leathers (public trial)

Attorney B (Korean National Assembly)

October 13, 2017

A defendant shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Criminal facts 2017Gohap764

1. On June 21, 2017, at around 00:56, the Defendant entered the room of the victim D (Inn, 14 years of age) in Jung-gu Seoul, Jung-gu, Seoul, which was a female 000 student, and accumulated it back to the victim, and then taken charge of the victim’s left chest with the victim’s hand, and the victim took charge of the victim’s chest with the victim’s hand, and covered the defect with the victim’s face, and inserted the defect into the part of the victim’s sound.

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

2. At around 07:40 on June 6, 2017, the Defendant sought to get out of the victim, following the victim who was at the rest of the house as stated in paragraph (1), and the victim tried to get out of the victim, stating that “A.” and “A.” is “A.” and the victim tried to get out of the victim, and the victim was fright to get out of the victim, and the victim was fright to get out of the victim, after getting out of the victim’s head, she was cut off from his/her mouth and cut out, and she was fright by hand to go back from the back of the victim’s head to the fright of the victim’s head.

Accordingly, the defendant committed by force the act of inserting sex into the mouth of the victim who is a child or juvenile.

3. On June 23, 2017, at around 08:27, the Defendant: (a) placed the victim’s body on the part of the victim’s room as stated in paragraph (1); (b) placed the victim’s body in the bend; (c) laid the victim’s body; (d) laid the victim’s body into the bend; (d) laid the victim’s body in the bend; and (e) changed the victim’s body into the victim’s body by taking the victim’s body; and (e) inserted the victim’s body into the victim’s port; and (e) inserted the victim’s mouth into the victim’s body; and (e) inserted the victim’s body into the victim’s drinking part; and (e) inserted the victim’s sound into the victim’s sound.

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

“2017Gohap841

No one shall operate any motor vehicle which is not covered by mandatory insurance for motor vehicles on a road.

Nevertheless, around 04:32 on June 27, 2017, the Defendant operated the NEX-wheel Motor Vehicle without purchasing mandatory insurance for motor vehicles on the front side of the Seoul Jung-gu Seoul Metropolitan Government.

Summary of Evidence

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1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Stenographic records (D statement contents) at the Seoul Sea Center, and the map in which the victim has ever fallen;

1. A report on investigation (temporary revision of a crime), investigation report (report on interview of a victim);

1. Gating photographs of the F and the victim of the contents of the G conversation;

"2017Gohap841"

1. Defendant's legal statement;

1. Control note;

1. Details of inquiry into the mandatory insurance, a copy of a notice of penalty payment, and inquiry into the management screen of the mandatory insurance disposition;

1. Field control photographs;

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 (the fact of having sexual intercourse with children and juveniles, choice of limited imprisonment), Article 7(5) and 7(2)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact of similarity with children and juveniles' power), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the fact of operating cars not covered by mandatory insurance and choice of imprisonment)

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is a juvenile and the mitigation is deemed reasonable in light of its characteristics)

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the punishment for concurrent crimes committed on June 23, 2017, with the largest decision on June 23, 2017, shall be aggravated for concurrent crimes committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Discretionary mitigation;

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

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

1. Order to complete programs;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. 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 (the defendant is a child or juvenile, and the defendant is a child or juvenile);

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment with prison labor for a period of one year and three months from March to 11 months;

2. Scope of recommendations according to the sentencing criteria;

Since the defendant is a juvenile, it is not applicable to the sentencing criteria.

3. Determination of sentence;

The crime of this case is committed by each of the following crimes: (a) the Defendant committed sexual intercourse or similar acts by force that the Defendant was unable to obtain the Defendant’s demand; (b) operated a motor vehicle that has not subscribed to mandatory insurance by force; (c) infringing the victim’s sexual self-determination right to sexual self-determination; and (d) making it difficult to promptly and appropriately remedy the damage in the event of traffic accidents; and (c) making it difficult to remedy the damage in the event of traffic accidents; (d) the Defendant committed each of the sexual crimes in this case against the juvenile reformatory; (c) the Defendant was committed on the basis that the victim would have suffered considerable sexual humiliation and mental suffering; and (d) the victim would have suffered considerable sexual humiliation and mental suffering; and (e) the circumstances after the crime are committed, such as making the victim’s life, who was predicted by the reporter, feel the victim to feel uneasiness on several occasions, are quite good. Therefore, the

However, the defendant has expressed his intention that the whole facts charged are recognized and depth is divided several times, and the victim does not want to use and punish the defendant, and all his family members want to separate and raise the defendant and the victim while trying to correct the situation of the victim and prevent the recidivism of the defendant, and the defendant has no record of criminal punishment for the same kind of crime, etc. are favorable to the defendant.

In addition, the fact that the defendant as a juvenile of 17 years of age is more urgent to help improve his personality and behavior through proper edification in the future, and the defendant's age, character and behavior, environment, motive and background of each of the crimes of this case, means and result, etc. shall be determined as ordered by taking into account various sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, motive and circumstance

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 agency pursuant to Article 43

Meanwhile, the registration period of personal information of Defendant is 15 years pursuant to Article 45(1)3 and (2) of the same Act. In full view of the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the crimes of violation of the Guarantee of Automobile Accident Compensation Act in the holding that the registration period of personal information is not a sex offense subject to registration, the punishment of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the severity of crimes, etc., it is not determined that the period of

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;