2020 High 215 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

A

Kim Jong-si (Public prosecution) and Lee Jong-chul (public trial)

Attorney Song Young-young (Korean)

September 4, 2020

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

The accused shall be subject to employment restrictions for three years at juvenile-related institutions, etc. and welfare facilities for the disabled.

Criminal facts

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to stimulative disorder:

On March 15, 2020, the Defendant: (a) was hospitalized in C Hospital located in Daegu Dong-gu, Daegu; (b) was aware of only the face of the victim D (n, 14 years of age) hospitalized in the hospital; and (c) was aware of the victim D (n, 14 years of age). On March 15, 2020, the Defendant, at around 07:42, committed an indecent act by force against the victim, who is a child or juvenile, by discovering the said victim in order to return the food board after eating at the center of the fourth floor of the above hospital; (c) was able to find the victim; and (d) was able to commit an indecent act against the victim by using the victim’s own hand, following the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 Reporting Report 112 Case List, CCTV images-fashion photographs; 1. Application of Acts and subordinate statutes to report internal investigation (the analysis of CCTVs related to victims);

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

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 55(1)6 of the Criminal Act (In full view of the details and contents of the instant crime, the Defendant’s medical record and written diagnosis, etc., it is determined that the Defendant had a state in which the ability to discern things or make decisions was lacking due to the polar disorder at the time of the instant crime).

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure 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. In full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); (c) the Defendant’s age, health status; (d) the details and circumstances of the instant crime; and (e) other benefits expected by the disclosure or notification order; and (e) the effect expected by the disclosure or notification order; and (e) the adverse and anticipated side effects of the disclosure or notification order, the disclosure or notification of the Defendant’s

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. Reasons for sentencing: Fines of 5 million won to 15 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the criteria have been selected by a fine.

3. Determination of sentence: The crime of this case by a fine of KRW 5 million is not good for the defendant to be committed by force by force by force by force by force by the victim's chest part of the victim, who is a child or juvenile hospitalized in the same mental hospital, once. The victim, due to the crime of this case, has suffered considerable sexual humiliation and mental impulse, as well as negative impacts on the formation of sound sexual identity and values.

However, considering favorable circumstances such as the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant committed the crime of this case in a state which has weak mental and physical disorder due to the physical disorder, that the victim and his legal representative do not want the punishment of the defendant, that the victim and his legal representative do not want the punishment of the defendant, that the degree of tangible force and indecent act exercised at the time of indecent act by force, and that the defendant has no record of sex offense, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior, family relationship, environment, and circumstances after the crime.

Registration and submission of personal information;

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, 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 thus is obligated to submit personal information to the competent agency pursuant to

Judges Kim Jong-sung

Judges Lee Yong-hoon

Judges Yoon Young-chul