2020 Highest 124 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion), lectures

Indecent Acts

A

Misappropriations, compensation therefor, and public trial

Law Firm Subdivision

[Defendant-Appellant]

oly 22, 202

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 became 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 History Office

1. Crimes against the victim B;

(a) Indecent acts by compulsion on May 5, 2016;

On May 5, 2016, the Defendant, within the main point of D located in Sungwon-si, Sungwon-si, Sungwon-si, and 18 years old, she sited in the side of the victim while drinking alcohol with the victim B, she was faced with the victim's arms and shoulders, she was faced with the victim's hand, she was on the back seat of the victim, she was on board the cab with the victim's hand, she was on the back seat, she was on board the cab with the victim's back seat, she was on the her hand, and she was on the back seat of the said taxi, and she was on the part of the victim's hand, she was faced with the victim's hand, she was faced with the victim's hand, and her was put into the part of the defendant's bar.

B. Indecent acts by compulsion on August 2, 2018

On August 2, 2018, the Defendant committed an indecent act by force against the victim on August 2, 2018, on the following grounds: (a) at a person outside convenience store in the synthetic Dong Dong of Changwon-si, Changwon-si; (b) while drinking alcohol together with the victim B and his supporters, he was pushed down with the son and the victim; and (c) attempted to have the victim suffered.

(c) Indecent acts by compulsion on October 2018;

On October 2018, the Defendant committed an indecent act by coercioning the victim by cutting the body and shoulder of the victim into the wall at the entrance of the toilet at which the victim B and the spons together with the victim B and the spons while drinking alcohol in the toilet.

D. Indecent act by force on January 7, 2020

On January 7, 2020, the Defendant committed an indecent act by force on the part of the victim with knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, and knee knee, knee, knee, knee at the window of Changwon-si, Changwon-si.

2. Crimes against victims I;

On August 8, 2017, the Defendant committed an indecent act by force against the victim on the part of the victim, on the part of the victim, while she singing together with the victim(s) and singing together in a singing practice room located in the Sung-si, Changwon-si, Sungwon-si, Sungwon-si. The Defendant committed an indecent act against the victim on the part of the victim, by avoiding the Defendant, she was seated in a sofa, and she was sing up with the victim's shoulder at his/her back, depending on the victim's side location.

3. Crimes against the Council of Victims;

A. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on June 29, 2017

On June 29, 2017, the Defendant, at around 14:00, committed an indecent act by force against the victim, who is a child or juvenile at his/her own discretion, following the victim J (W, 17 years of age), coming from the vehicle, going to the inside of the Simsan-si, Simsan-si, and going to the inside of the Simsan-gu, Simsan-si. The Defendant used a friendly mountain along with the victim, and kids the victim’s shoulder while coming to the said Goskn-si, and kid the victim’s shoulder.

B. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) around August 2017

On August 2017, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by taking the victim’s hand, within the scope of the L film theater located in Sungwon-si K, Sungwon-si, Sungwon-si, with the victim J, using the victim’s bucks.

(c) Indecent acts by compulsion on July 2018;

On July 2018, the Defendant, within the Defendant’s vehicle located in a place lower than that of Changwon-si, brought losses on the victim’s bucks where he was seated and moved along with the Victim J (the age of 18), and committed an indecent act by force by force by inserting the victim’s bucks with the teared part of the Cheongbuck in which the victim was suffering.

(d) Indecent acts by compulsion on August 2018;

피고인은 2018. 8. 저녁경 창원시 M 소재 피해자 J이 거주하는 아파트 앞에서, 피해자와 함께 걸어가던 중 피해자의 팔로 손을 집어넣어 팔짱을 끼고, 이에 피해자가 피고인의 손을 잡아뿌리치고 걸어가자, 양손으로 피해자를 껴안아 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, J, and I;

1. Each complaint filed by B, J and I;

1. Application of the Act and subordinate statutes to a criminal investigation report (in the event of a suspect’s victim, accompanied by a file of the contents of the telephone), voice recording CD (Evidence Nos. 23), investigation report (to be submitted by the J, the content of the Kakakao Stockholm conversation with the suspect), the text message of Kakakao Kakaooo (Evidence Nos. 30), investigation report (in the case of a person for reference Nphones), investigation report (in the case of a victim’s victim’s victim’s victim’s victim’s injury on July 8, 2017), investigation report (

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, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and each choice of imprisonment, respectively.

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes by force as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on June 29, 2017 against the victim J, which is the most severe punishment and punishment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

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, the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment of Sexual Crimes

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act (amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) appears to have the effect of preventing the recidivism of a defendant even through the restriction on employment; and there are other special circumstances in which disclosure and notification of personal information of

(2)

1. An employment restriction order;

- Articles 1-A and 3-A and 3-B(b) of the Decision: Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Amended by Act No. 15904, Dec. 11, 2018); Article 3-3(1) and (d) of the Decision: Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 16(1) of the Addenda to the Act on Welfare of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2019, 206) of the former Act

Article 1-D of the Decision: Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. Reasons for sentencing: Imprisonment with prison labor for a period from 2 years to 45 years;

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

(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2) / Special indecent act by indecent act, such as by indecent act by blood or by living in person, etc.

[Special Convicts] Reductions: Non-Punishments

[Recommendation and Scope of Recommendation] Reduction Area, one year to two years [including indecent acts by deceptive means and force against juveniles (including indecent acts by indecent means and force against juveniles) are included in Category 2, but the upper and lower limit of the scope of sentence shall be reduced to 2/3];

(b) Each indecent act by compulsion;

[Determination of Punishment] General Criteria for a Sex Act No. 01. (b) Indecent Acts by compulsion (subject to the age of 13 or more)

[Special Convicts] Reductions: Non-Punishments

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year. The scope of recommendations according to the standards for handling multiple crimes: Imprisonment for one year to four years (the first crime maximum + the second crime maximum + 1/2 + 1/3 of the third crime maximum)

(d) Scope of the recommendation range revised according to the applicable sentencing range: Imprisonment with prison labor for two years to three years (in cases where the lower limit of the sentencing range recommended by the sentencing criteria is inconsistent with the statutory lower limit of the applicable sentencing range, it shall be based on the statutory lower limit of the applicable sentencing range);

3. Determination of sentence;

In light of the background and method of the crime, the number of victims, and the frequency of the crime, the Defendant committed an indecent act in a manner that only the victims, who are the employees of the workplace, committed the crime. The victims seem to feel sexual humiliation and displeasure due to the Defendant’s criminal act.

However, the Defendant recognized all of the instant crimes, and is in profoundly against the victim. The victims do not want to be punished against the Defendant. The Defendant is the first offender, and the degree of indecent act committed by the Defendant is not very serious. In addition, the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and all the sentencing conditions specified in the instant pleadings, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.

Registration and submission 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 is obligated to submit personal information to the competent agency pursuant to Article 4

Constitution of the presiding judge

Judges Tae-hee

Judges Cho Il-ri