2012Gohap203 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

A

His/her grandchildren shall be subject to prosecution (prosecution) and leap-hee (public trial).

Attorney B (Korean National Assembly)

August 23, 2013

A defendant shall be punished by imprisonment for three years.

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

Criminal facts

Around 06:00 on March 17, 2012, the Defendant, while drinking alcohol together with the victim E, etc. (at the age of 15) and drinking alcohol at the D coffee shop located in Ulsan-gu, Ulsan-gu, U.S., the Defendant: (a) took the victim into the toilet; (b) taken the toilet back to the toilet; (c) taken the victim’s underline and clothes; and (d) took off the victim’s underline and clothes; and (e) refused the victim’s refusal to refuse to do so; (b) took the victim’s underline and clothes; and (c) took off the victim’s underline and her clothes; and (d) had sexual intercourse with the juvenile victim by force once and by force.

Summary of Evidence

1. Defendant's legal statement;

1. A video CD or a video CD recording for E;

1. The police statement concerning F;

1. Each investigation report (attached a written request for appraisal);

1. On-site photographs and response to requests for appraisal;

Application of Statutes

1. Article applicable to criminal facts;

Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply)

1. Discretionary mitigation;

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

1. Order to complete programs;

Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; 1. The scope of the punishment: Imprisonment with prison labor for two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] The Second-Class Punishment (Rape/Special Rape, such as Relatives / Residence, etc.) among the crimes of sex crimes, the general standards of 01, and the rape (subject to the age of 13 or more)

[Special Mitigation] In the case of using deceptive schemes or force other than assault and intimidation

[Scope of Decision and Recommendations] Reduction Area, Imprisonment of 3 years to 5 years

[General Person] In the case of a crime against a juvenile

【Suspension of Execution】

- Major reasons for writing (unlawful reasons): (i) a person who has no criminal record of the same kind, there is no criminal record of the suspension of execution or more, and (ii) a person who uses deceptive means or force other than assault and intimidation;

3. Determination of sentence: Three years of imprisonment; and

The sentence identical to the order shall be determined by taking into consideration the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; (c) the Defendant used force other than assault and intimidation; (d) the Defendant’s use of force other than assault and intimidation; (c) the Defendant has no criminal records of the same kind or suspension of execution or higher; (d) the nature of the relevant crime is not good in that it has sexual intercourse with the victim by force, which is a juvenile under the influence of alcohol; (e) the fact that the victim was unable to reach an agreement with the victim; and (e) other unfavorable circumstances such as the Defendant’s character and behavior, environment, motive and circumstance of the crime; and (e) the circumstances constituting the conditions for sentencing

Where conviction of the facts charged of this case, which is a sex offense subject to the registration of personal information, is finalized, the Defendant constitutes a person subject to the registration of personal information under Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Articles 5 and 43 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 18,

Disclosure and Exemption of Notice Orders

In light of the Defendant’s age, relationship with the victim, motive and circumstance of the crime, etc., the Defendant’s personal information shall not be disclosed or notified in accordance with the proviso of Article 38(1) and the proviso of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, on the ground that the Defendant’s use of force, which is not assault or threat, is likely to lead to the instant crime under the influence of alcohol, and that the Defendant did not have the same criminal history, and the Defendant committed the instant crime at the time when the Defendant was 19 years old. In light of the Defendant’s age, relationship with the victim, motive and circumstance of the crime, etc., the Defendant’s personal information shall not be disclosed or notified.

The presiding judge, the Full Judge Line

The number of judges appointed

Judges Preferential-hun