Text
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
Attached Form
The same shall apply to the facts charged.
Summary of Evidence
[2015 Highest 495]
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. stenographic records of the Seoul Integrated Support Center for Victims;
1. Video data CDs;
1. Investigation report (No. 50,51 on the evidence list);
1. Reports on internal investigation (No. 11, 12, 14 No. 14);
1. Ratification (No. 55 of the evidence list);
1. The cell phone data CD of the defendant and the victim;
1. Each photograph (2015 Highest 1478);
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Written statements of D;
1. Application of Acts and subordinate statutes to photograph videos;
1. Article 71 subparag. 1-2 of the Child Welfare Act, Article 17 subparag. 1 of the same Act, Article 324 of the Criminal Act, Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereafter collectively referred to as "criminal punishment"), Articles 3(1)1 and 2(1)1 of the Act on the Punishment of Violences, Etc., Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, concerning criminal facts;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Mutually between the crimes of violating the Child Welfare Act and coercion under paragraph (2) of the same Article);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of violation of the Child Welfare Act and coercion, etc. is extremely poor in the nature of the crime, and in particular, considering the strict mental suffering that the victim experienced in order to satisfy the Defendant’s alternative desire, a sentence for a long time should be imposed on the Defendant.
However, the mental disorder of the defendant seems to have partly affected the crime, there is no record of punishment for sexual crimes, and there is no intention to spread the victim's image, as well as other age, character, character, occupation, living environment, motive, means and result of the crime.