2015Gohap85 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, indecent act by compulsion, quasi-decent act by compulsion.

A

Oralty (prosecutions) and a decoration (public trial)

Attorney B (Korean National Assembly)

July 2, 2015

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant shall be subject to probation and shall be ordered to take lectures for sexual assault treatment for 40 hours.

Criminal facts

The defendant is a person who has lived in the "D" juvenile self-support center located in Seongbuk-gu, Seongbuk-gu.

1. Quasi-decent acts;

On August 2014, the Defendant, at “D” Juvenile Self-Support Center 1st floor, was able to influence the victim E (20 years of age) who was in a state of failing to resist, and forced the victim to commit indecent act by force by force on his hand.

2. Indecent acts by compulsion;

피고인은 2014년 여름 19:00경에서 같은 날 20:00경 사이에 'D' 청소년자립관 생활관에서 샤워를 마치고 나오는 피해자 F(23세)을 보고 강제추행할 마음을 먹고, 손으로 피해자의 젖꼭지 부위를 1회 꼬집어서 강제추행한 것을 비롯하여 별지 범죄일람표 기재와 같이 총 6회에 걸쳐서 3명의 피해자들을 강제추행하였다.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On September 20, 2014, the Defendant: (a) completed shower on the first floor of “D” Juvenile Self-Support Center; and (b) took a mind to force indecent acts by force against the victim G (18 years of age) who was a juvenile from his/her clothes car, and her hand took a part of the victim’s chest and took part in indecent acts by force.

B. In October 2014, the Defendant, at the “D” juvenile self-support center, committed indecent act by force by force by force by driving on the victim’s chest part by hand, who was a juvenile who was living in the bed room at the bed room at the first floor of the juvenile self-support center, and by driving on the victim’s chest part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, E, F, and I;

1. G statements;

Application of Statutes

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

Articles 299 and 298 of the Criminal Act, Article 298 of the Criminal Act (the point of each indecent act by force on the market), Article 298 of the Criminal Act (the point of each indecent act by force on the market under paragraph (2)), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of each indecent act by force on the market under paragraph (3)), and each choice of imprisonment.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent 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. Probation;

Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Order to attend lectures;

○ The main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 16(2)(Article 1 and Article 2 of the Decision)

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 21(2)(Article 21(3))

1. Exemption from an order for disclosure and notification;

○ Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 (as to Article 1 and Article 50(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse)

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 (Article 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse)

[This case’s records include the Defendant’s criminal records, the background and attitude of the crime, the circumstances after the crime, the registration of personal information, and the participation in the sexual assault treatment lecture. In full view of the Defendant’s occupation, social ties, the expected profits and preventive effects from disclosure or notification order, and the disadvantages and side effects that the Defendant suffered, there are special circumstances that may not disclose or notify the Defendant’s personal information.]

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for a year to June 22; and

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

(a) Basic crime: crime No. 3-1 of the holding;

[Determination of Type] Indecent Act by Relatives, etc. (Type 2) by blood relatives of 13 or more years of age) general standards for sexual crimes.

[Special Aggravationd ] Aggravations: None, and where the degree of indecent conduct is weak;

[Scope of Recommendation] Imprisonment from one year to two years (Mitigation)

* Since it is a juvenile indecent act by compulsion, the upper limit and lower limit of the range of sentence shall be reduced to 2/3.

(b) Concurrent Crimes1: the crimes of No. 3-B of the Judgment;

[Determination of Type] Indecent Act by Indecent Act by Forced Act by Forced Act by Forced Act by Forced Act (Subject to 13 or more years of age) on the General Standards for Sexual Crimes

[Special Aggravationd ] Aggravations: None, and where the degree of indecent conduct is weak;

[Scope of Recommendation] Imprisonment from one year to two years (Mitigation)

* Since it is a juvenile indecent act by compulsion, the upper limit and lower limit of the range of sentence shall be reduced to 2/3.

(c) Concurrent Crimes2: No. 1 of judgment;

[Determination of Type] The first type of the crime of indecent act by force (the subject of 13 years of age or older) on the general standards of sexual crime group;

[Special Aggravationd ] Aggravations: None, and where the degree of indecent conduct is weak;

[Scope of Recommendation] Imprisonment of less than one year (Mitigation of Mitigation)

(d) Application of standards for handling multiple crimes: Imprisonment from one year to three years (two years of imprisonment with prison labor for the upper limit of the scope of punishment for basic crimes + one year of imprisonment with prison labor for a concurrent crime 1/2 of the upper limit of the scope of sentence for one concurrent crime + 1/3 of the upper limit of the scope of sentence for two concurrent crimes).

* The absence of ‘non-existence of punishment' as a special sentencing factor: according to the records, it is recognized that the victims of each of the crimes of this case prepared a written agreement in which they expressed their intention not to punish the defendant and submitted it to this court. However, among the criteria for sentencing sex offenses, the term ‘non-execution of punishment', which is a special sentencing factor, means a case where the defendant is divided into a serious criminal act, and has made a serious effort to reach an agreement, and the victim has made a reasonable compensation for damages, and the victim does not want to accept the defendant's punishment by accurately recognizing the legal and social meaning of the non-execution of punishment. There is no evidence to support that the defendant has made a serious effort to reach an agreement. Accordingly, the agreement submitted by the victims does not constitute ‘non-execution of punishment as a special sentencing factor.'

3. Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

Each of the crimes in this case shall not be deemed to be minor in light of its objects and contents.

However, the fact that the degree of indecent act and the exercise of force against the victims is relatively not much severe, that the defendant is not subject to the previous punishment or sentence of the defendant, that the defendant recognizes all of his criminal acts and reflects the defendant, and that the victims do not want the punishment against the defendant is favorable to the defendant.

In full view of the above circumstances, the sentencing conditions, such as the defendant's age, intelligence, character and conduct, environment, etc., shall be determined as ordered.

Personal Information to be registered and submitted

Where a judgment of conviction becomes final and conclusive on a crime committed 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 is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Judge senior superintendent of the presiding judge;

Judges Lee Gyeong-won

Judges Yoon Young-young