2019Gohap313 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

Maximum Preliminary (Lawsuit) and Kim Jong-Un (Trial)

Attorney Lee E-ju

May 21, 2020

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 becomes final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

Criminal facts

At around 03:50 on October 6, 2019, the Defendant proposed that he drink with E, E’s female-friendly zone F, and victim G (the age of 17) that he/she takes part in the building B of the former North Korean territory, around 03:50, and D shop operated by the Defendant, and that he/she would drink with the victim, and that he/she would drink with the victim, and that he/she would have the victim take part in the body of the H adjacent to the former North Korean territory, and that he/she would have his/her own force put the victim into the inside of the victim, and would fit the victim’s chest with the victim’s left hand, and that he/she would have the victim dance with the victim’s chest without having the victim take part in the body of the victim, and that he/she would have the victim dancing with the victim’s finger, and that he/she would not have the victim take part in the body of the victim.

Accordingly, the defendant committed indecent acts against children and juveniles by assault or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Stenographic records;

1. Photographs of a suspect knee kne and knee-kel and photo of a indecent act by compulsion, photo of a suspect's shop, CCTV image for crime prevention, photographic photo, suspect's shop, surrounding photo, surrounding photo, installation of CCTV in a suspect's shop, photograph of drinking place, non-registered knee photograph, CCTV image of a crime scene for crime prevention;

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal 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. 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. 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 (the defendant has no record of being punished as a sexual crime, and the suspension of execution of imprisonment with labor, registration of personal information, orders to attend school for the treatment of sexual assault, and employment restriction orders alone are likely to prevent recidivism by the defendant. Considering the defendant's age, social relation, background leading to the crime of this case, details of the crime, disclosure and notification orders, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to disclosure and notification orders, and the effect of preventing sexual crimes that can be achieved thereby, there are special circumstances where disclosure and notification of the defendant's personal information may not be made).

1. Registration of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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 is obligated to submit personal information to the competent authority pursuant to

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 15 years;

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

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (the object of 13 years of age or older) is prescribed (the type 2) by blood relatives, indecent act by indecent act such as residential intrusion/special indecent act by compulsion1).

[Special Convicts] Reductions: Non-Punishments

[Recommendation Area and Scope of Recommendations] Reduction Area, one year to two years of imprisonment

3. The crime of this case by which the sentence of sentence is to be pronounced is committed by the Defendant’s indecent act by inducing the victim to the victim’s human body by force on several occasions, such as the victim’s chest and skin, and by inducing the victim to dance with himself/herself, and the crime is bad in terms of the circumstances and location of the crime, and the degree of indecent act. The victim appears to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant led to the instant crime; (b) the Defendant made confession of the instant crime; (c) the Defendant agreed with the victim in the investigation stage; (d) the Defendant’s wife did not have any criminal record; (c) the Defendant’s wife took interest and leading to the Defendant; and (d) the Defendant’s character, conduct and environment; and (e) other various sentencing conditions specified in the records and arguments

The presiding judge, the Kim Jong-ran

Judges Scare ore

Judges Park Jae-in

1) The indecent act by compulsion by juveniles (including deceptive schemes and indecent acts by force) shall be included in two types, and the upper and lower limit of the scope of sentence shall be reduced to 2/3.