2014Gohap537 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as Fraudulent Means)

A

Freeboard (Lawsuits) and Kim Il-il (Trial)

Law Firm World:

Attorney Kim Du-jin

April 16, 2015

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 became final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment and provide community service for 80-hour hours.

Criminal facts

The Defendant is a person operating a restaurant in Daejeon Peong-gu** in** * '*', and the injured ○○○ (n, 16 years old) and Yellow ○○ (n, 17 years old) are students working in the above restaurant.

1. Crimes against victims, victims, victims, and victims;

A. On February 2014, between 17:30 and 19:00, the Defendant: (a) reported that ○○○○○ (a) who was Aarbrate, was seated in a restaurant; (b) followed by the victim; and (c) reported that she was seated by her driver; and (d) the part from the arms to the inner arms of her right arms to the right arms of the victim by hand; and (b) refused to stop by saying that she was not the victim; and (c) thereby, “land land is bad; (d) the victim was hicked and sicked by her driver at the right her seat of the victim.”

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

B. On February 2, 2014, the Defendant: around 00:50 on February 2, 2014, 00: (a) around 50, the Defendant: (b) returned ○○○○ (hereinafter referred to as the “victim”) to her own car and returned home to her country; (c) Daejeon Pedle-gu**** * *** * * even if the victim refused to do so while she refused to do so, ○○ was good and her grandchildren.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

C. On August 18, 2014: 17: 30 to 20:0, the Defendant: (a) placed the victim’s hand in the front part of the restaurant ** * ○○○○, after deducting the victim’s hand from the front part of the body of the victim, she gets the victim back to the rear part of the victim; and (b) reported the victim’s back to the front part of the cell phone; (c) put the victim into the front part of the cell phone; and (d) put the victim into the front part of the cell phone; and (d) put the victim into the front part of the cell phone in the front part of the body of the victim; and (e) put the victim into the front part of the body of the victim after deducting the victim’s hand from the front part of the body of the victim; and (e) put the victim into the front part of the body of the victim into the front part of the passenger; and (e) put the victim into the front part of the victim’s hand, and (e) her part of the victim.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

D. On August 20, 2014: 17:30 between 17:30 and 18:30, the Defendant: (a) reported that the victim had a letter to the Doluri by ○○; and (b) reported that the victim had a letter to the Doluri, the Defendant left a little room for the victim’s injury; (c) whether the Doluri was still hin or hin, and the other place was inside; and (d) whether the Doluri was inside the victim’s body to put the victim’s clothes, and the victim refused the victim’s body to put the victim’s injury as the victim’s speech, and “○○○ was hicking the victim’s boat to the inside.”

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

마 . 피고인은 2014 . 8 . 26 . 17 : 30경부터 22 : 00경 사이에 위 ' * * ' 식당에서 , 주방에서 설거지를 하고 있던 피해자의 뒤로 다가가 피해자의 양쪽 팔을 주무르고 , 피해자가 " 힘들어요 . 괴롭히지 마세요 . " 라고 하면서 항의하자 손으로 피해자의 엉덩이를 주무르 고 " 그래도 힘내라 좀만 해라 " 라고 하면서 엉덩이를 툭 쳤다 .

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

2. A crime against the victim ○○;

A. On August 22, 2014, between 30:30 and 22:40, the Defendant: (a) used the above **’s right shoulder of the victim YYYYYYYYYY : as rhyth, the victim’s right shoulder of the victim YYYYYYYYYYYYY, which is part of the victim’s back, and re-integrated the victim’s back; (b) as rhythly, the victim’s arms such as hythurd and hyth, while the victim’s refusal to stop; and (c) the victim’s arms were able to take charge of the victim’s arms even if the victim refused to stop at the kitchen.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

B. On September 2, 2014, the Defendant: (a) around 17:5 on September 2, 2014, around 17: 55, the Defendant: (b) around 17: * ○○○○ of the said victim “in her hands, as the Defendant was in charge below the right arms of the victim; and (c) even if the victim refused to do so, the Defendant was able to unfold the front arms of the victim; and (d) the Defendant met the victim’s flick and boat, and (e) the victim met the victim’s “whether the front flick is in the front flick machine.”

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The statement by each police officer on this ○○ and Yellow ○○

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act.

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1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Article 1-3 of the Judgment with the largest penalty)

The concurrent crimes committed against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.)

mid-term equipment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

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

1. Order to attend lectures or order to provide community service;

The main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from an order for disclosure and notification;

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 (Defendants)

and due to the disclosure order and notification order that there is no criminal record of the same kind; the defendant is not admitted to the court

The degree and expected side effects, the order to attend the sexual assault treatment lecture to the accused and the personal injury;

It seems that the effect of preventing recidivism can be expected to some extent through information registration.

In full view, there are special circumstances under which the defendant's personal information shall not be disclosed or notified.

It seems that it is judged that it is)

Registration of Personal Information

Where a judgment of 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a year to June 22; and

2. Application of the sentencing criteria;

[Scope of Recommendation Form 2] General Standard Indecent Act by Compulsion(subject to 13 years of age or older)

(2) The scope of sentence is limited to imprisonment between one year and two years, and juvenile indecent act.

Reduction of the upper and lower limits to 2/3)

【Special Mitigation Party】 Ad hoc Inspector

[The scope of final sentence due to the aggravation of multiple offenses] Imprisonment with prison labor from one year to three years,

3. Determination of sentence;

In this case, it is necessary to strictly punish the defendant in light of the following: (a) the victims who had been her part in a restaurant operated by the defendant committed several indecent acts; (b) the nature of the crime is heavy in light of the method and circumstances leading up to the crime; and (c) the victims who have been her part in the crime of this case appear to have suffered a lot of mental pain due to the crime of this case. However, the defendant is against all the criminal acts of this case; (d) the victims and victims do not want the punishment of the defendant; (e) the victims do not want the punishment of the defendant; and (e) the victims do not have the same criminal record; and (e) other circumstances indicated in the records of this case, such as the defendant's age, character and conduct, environment, family relations, and circumstances after the crime of this case, etc., shall be determined as ordered by the disposition.

Judges Song-ho

Judges Kim Jong-Gyeong

Judge Maximum-type Reserve