2017Gohap1040 Violation of Special Act on the Punishment, etc. of Sexual Crimes (13 years of age)

The Act on the Punishment, etc. of Sexual Crimes

Violation of the Funeral Law (Minor, Minor, Indecent Act by Compulsion under Fifteen years of age)

A

Woryoung (prosecutions) and moveers (public trial)

Attorney B

November 24, 2017

A defendant shall be punished by imprisonment for not less than two years 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.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Criminal facts

The defendant is a driver of the 'OO driving school' on the first floor of Dongjak-gu Seoul Metropolitan Government, and the victim 'O(n, seven years of age) is a student of the 'OO driving school'.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age);

At around 18:30 on April 17, 2017, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental health condition by stopping a vehicle on the front side of the E-road located in Dongjak-gu Seoul Metropolitan Government D while standing the vehicle on the back seat (No. 11j) and driving the vehicle on the back seat of the victim who was locked beyond the lower seat.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or indecent act);

When the Defendant committed an indecent act against the victim as referred to in paragraph (1) above at the time and place of the above paragraph (1) above, the Defendant: (a) was able to have the victim wear clothes in the locking room, and (b) was able to see the victim’s knife his own knife in the inside of the victim’s knife and put his chest into the knife; and (c) committed an indecent act against the victim by deceiving the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of statements made by the police victims to ○○;

1. G statements;

1. Statement and analysis opinion on sexual assault against children and persons with disabilities;

1. A complaint;

1. Investigation report (on-site verification, attachment of vehicle photographs, attachment of vehicle driving logs on April 11, 201, attachment of field medication, attachment of recording files of conversations divided by a suspect and president of H on-site verification, attachment of screen pictures taken by the victim's mother to state the victim's damage, and verification of vehicle booming cards);

Application of Statutes

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

Article 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a quasi-indecent act by force against minors under the age of 13), Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by force against minors under

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent consideration of favorable circumstances among the reasons for sentencing below)

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. In full view of the following: (a) 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 exempted from an order to disclose or notify personal information of the accused; and (b) the fact that the accused is the first offender; (c) the Defendant’s age, family environment, social relationship, etc. recognized in the record that only the registration of personal information of the accused and the participation in sexual assault treatment courses can have the effect of preventing re-offending; and (d) the accused’s personal information should not be disclosed or notified;

Registration of Personal Information

Where a 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 thus is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

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

(a) Basic crime - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age);

[Determination of Punishment] General Criteria for Sex Crime Case Case Act 3(Indecent Act by Indecent Act)

[Special Convicts] Crimes committed by employees, such as those who are not subject to punishment, persons obligated to report, or protective facilities, etc. (Aggravation elements)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment for 2 years and 6 months, 5 years;

(b) Concurrent crimes - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13);

[Determination of Type] A sex offense subject to the age of 13 or less shall be classified into three.

[Special Convicts] Crimes committed by employees, such as those who are not subject to punishment, persons obligated to report, or protective facilities, etc. (Aggravation elements)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment for 2 years and 6 months, 5 years;

(c) Application of standards to deal with multiple crimes: Imprisonment with prison labor for two years and six months; seven years and six months (the imprisonment with prison labor for five years which is the upper limit of the scope of punishment for basic crimes shall be added up to two years and six months);

3. Determination of sentence: Three years of a suspended sentence of imprisonment for two years and six months; and

The instant crime was committed by the Defendant, a driving engineer of a driving school, committed an indecent act by compulsion of the victim’s chests that the victim, who is the student of a driving school attending an elementary school in the vehicle, was involved in the crepanion of the victim’s chests, and thus, committed an indecent act by drinking the victim’s chests and sound, and the nature of the crime was bad. This was caused by the Defendant’s occurrence of a great sense of sexual humiliation and mental shock.

However, considering the circumstances, such as the fact that the defendant repents and reflects his mistake, that the defendant does not have any previous conviction, and that the mother of the victim does not want the punishment of the defendant by mutual consent with the mother of the victim, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime in this case, circumstances after the crime, etc., and various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul