2018Gohap712 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

Escars (prosecutions) and Mascars (Trial)

Attorney B (Korean National Assembly)

October 25, 2018

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

Criminal facts

On March 29, 2018, around 07:20 on March 29, 2018, the Defendant committed an indecent act by force on the Defendant’s left hand of the milch of the victim E (the milch of 16 years of age) in front of the “D” store in Gwanak-gu, Seoul Special Metropolitan City.

1. Defendant’s legal statement1);

1. Legal statement of witness E;

1. Chapter ¥§D1;

Application of Statutes

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. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

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

1. Exemption from an order for disclosure and notification;

Considering 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 fact that there is no history of a sexual crime against the defendant, the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify the information, the preventive effects of the sexual crime subject to registration that can be achieved thereby, and the effect of protecting the victim from the sexual crime subject to registration, etc., the defendant should not disclose or notify personal information.

1. Where a conviction becomes final and conclusive for a crime committed by a criminal defendant, which is a sex offense subject to registration of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the criminal defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to

1. The grounds for sentencing: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Type] The crime of indecent act by compulsion (subject to the age of 13 or more) on the grounds of the general standard on sexual crime; the second type of the crime of indecent act by indecent act by indecent act by blood relatives; indecent act by indecent act by indecent act by force

【Special Esponsor] Where the exercise of tangible power is significantly weak;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of one year and six months to three years

[Scope of the revised Recommendations] One year to two years of imprisonment (in case of indecent act by juvenile, it shall be included in the category 2, but the upper and lower limit of the scope of sentence shall be reduced to 2/3).

3. The crime of this case by sentence is deemed to have been committed by indecent act by force on the victim on the site where the defendant was living in school, and the crime of this case is deemed to have been committed by the defendant in view of the victim’s sexual humiliation and mental impulse, interview and interview of the crime, and the behavior of the defendant immediately after the crime. However, considering the following favorable circumstances: (a) the defendant was found to have committed the crime late and against his own mistake; (b) the defendant has no record of criminal punishment for the same kind of crime or suspended execution; (c) the victim’s mother’s desire to take into account the victim’s young age; and (d) the defendant’s age, character and conduct, family relationship, health status, the circumstance and method of the crime of this case, and the circumstances after the crime, etc., the sentence shall be determined as ordered by the Disposition, taking into account various factors as shown in the oral proceedings,

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young

1) The Defendant reversed his position on the second trial date and recognized the facts charged.