2014Gohap595 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age)

The punishment of sexual assault crime, etc.

Special Cases concerning the Violation of the Act on Special Cases concerning Law by Indecent Act

2015, altitude 3 (Joint Attachment Orders)

Applicant for Attachment Order

A person shall be appointed.

Kim Jong-hee (Court Prosecution) and Lee Jin (Court Decision)

Attorney Park Do-young

July 23, 2015

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours. The request for the attachment order of this case is dismissed.

Criminal History Office

The defendant is the child of the victim B (Y, current 12 years of age).

1. On September 201, 201, the Defendant: (a) at the home of the Defendant located in Guro-gu Seoul Metropolitan City, and (b) around the victim’s side, the Defendant: (c) “Around September 201, 196, the Defendant started to come up with the victim?” (d) “A victim’s fingers into the victim’s panty, despite the victim’s speech,” and (e) the victim’s fingers were her fingers by inserting her fingers and her fingers.

2. On November 2013, 2013, the Defendant forced the victim to commit an indecent act in the place indicated in paragraph (1) and in the same manner as indicated in paragraph (1).

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of indecent act by blood) and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (a point of indecent act by blood)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [the punishment imposed on September 201 under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act by blood by blood) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act by blood by blood)] shall be imposed on the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act by blood by blood) around September 201 with heavy punishment; the punishment imposed on the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act by blood by blood) around November 2013; the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Punishment, etc. of Sexual Crimes (the punishment imposed on the crimes by blood relatives by blood relatives by the beginning of November 2013 with heavy punishment];

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Code [the sentence] of the Criminal Code.

11. From among the concurrent crimes committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood or marriage) to a sentry;

1. Discretionary mitigation;

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

1. Order to complete a sexual assault treatment program;

In full view of all the circumstances indicated in the records of the instant case, including the fact that the instant crime appears to have arisen from blood relationship between the Defendant and the victim, and that there is no criminal history of the Defendant, and the motive, means, and circumstances of the instant crime, etc., the Defendant may not disclose or notify personal information under the proviso to Articles 49(1) and 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Thus, the Defendant shall not be ordered to disclose or notify personal information.

Judgment on the Request for Attachment Orders

1. The abstract of grounds for requesting an attachment order;

A person who is requested to attach an attachment order has committed a sexual crime against a person under 19 years of age as stated in the judgment of the court, and is likely to recommit a sexual crime.

2. Determination:

The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders means that the possibility of recidivism is insufficient solely on the basis of the possibility of recidivism, and that there is a probable probability that the person subject to the attachment order authority would injure the legal peace by committing a sexual crime again in the future. The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the request for attachment order, the conduct prior to the relevant crime, the motive, means, the circumstances after the crime, the circumstances after the crime, and the outline of the crime, etc., and such determination shall be based on the time of the judgment (see Supreme Court Decision 2010Do7410, 2010Do444, Dec. 9, 2010, etc.).

In light of the above legal principles, the risk of recidivism of a sexual crime shall be examined as to the person subject to a request to attach an attachment order. In other words, the following circumstances acknowledged by the record: ① the total of 19 points as a result of the application of the selection scheme (PCL -R) to the person subject to a request to attach an attachment order; and the degree of evaluation of the risk of recidivism of a sexual offender in Korea (KSOAS) was assessed as the total of 11 points; however, the necessity of the attachment of the location tracking device was low when considering the criminal records, etc.; ② the instant crime committed by the person subject to a request to attach an attachment order remains in force by indecent act; ③ the instant crime committed by the person subject to the request to attach an attachment order remains in force and does not lead to rape, etc.; ③ The instant crime committed by the person subject to the request to attach an attachment order cannot be deemed to be the risk of recidivism by the person subject to the request to attach an attachment order, and there is no other evidence to acknowledge

3. Conclusion

Thus, the request for the attachment order of this case is dismissed in accordance with Article 9 (4) 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is not reasonable.

1. Reasons for sentencing: Imprisonment for a period of two years and six months from June to June 22;

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

(a) Basic crime: Determination on the type of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Relatives by Force): The range of recommending punishment for a sex offender group, a sex offense subject to the age of 13, a sexual crime subject to the age of less than 13, a special person by force (type 3) and a general person by force: 3) from 4 to 7 years (the basic area): Imprisonment;

(b) Concurrent Crimes: Determination on the type of a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by blood) around September 201: The range of recommendations made by the sex crime group, the sex crime subject to the age of 13, the indecent act by compulsion (type 3) and the special person and the general person: 3) from 4 to 7 years (the basic area): Imprisonment;

(c) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for up to 4 years from 10 years to 10 months (in the case of seven years of imprisonment with prison labor for the maximum penalty for recommending basic crimes, one-half of the maximum penalty for recommending concurrent crimes shall be aggregated in the aggregate of three years and six months);

3. The crime of this case where the sentence of sentence is to be declared is that the defendant, who is the father of the victim (the father) committed indecent act by compulsion of the victim by taking advantage of his position, and the victim seems to have suffered considerable mental impulses due to such indecent act. In addition to the crime recorded in the crime, the defendant appears to have committed indecent act by compulsion of the victim under the same method during the crime period (this part of the crime was prosecuted but the date and time of the crime was withdrawn because it was impossible to specify the date and time of the crime). The defendant's statement is demoted to be false on the grounds that he cannot understand from the investigation stage to this court, etc., which are disadvantageous to

However, the fact that the defendant has no criminal records of the same kind, and the health of the defendant is not sufficient, etc. is the sentencing person favorable to the defendant. The above sentencing person is determined as the sentence of the defendant considering the age, character and conduct, environment, etc. of the defendant. Where the conviction of the crime of this case, which is a sexual crime subject to the registration of personal information, becomes final and conclusive, the defendant is subject to registration of personal information in accordance with Article 42 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

It is so decided as per Disposition for the above reasons.

The presiding judge's seat

Judges Kim Jae-in

Judge Lee Ho-hoon