2017Gohap465 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Compulsory Ratification of Persons with Disabilities)

(2)

A

Orscop (prosecutions) and Kim Heavy (Trial)

Attorney B (Korean National Assembly)

June 15, 2017

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.

Criminal History Office

The defendant was a 6th degree disability of brain disease, and was aware that the victim E (the 36th, mental retardation disability 3th) was intellectual disability while using the D General Welfare Center in Dongjak-gu Seoul Metropolitan Government.

On March 7, 2017, the Defendant, around 12:26, 2017, was seated in the original form where a book in front of the first floor restaurant of the above welfare center was displayed. The Defendant discovered the victim who reported the book at the nearby place, knife the victim's name by hand, and then became a person in charge of the victim's knife by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. E stenographic records (victim's statement);

1. Report on the occurrence of a sexual crime (any indecent act by compulsion of disabled persons);

1. Each report on internal investigation (the sequence 6, 7, 8 of the evidence list);

1. Each investigation report (the sequence 20 of the evidence list);

1. Welfare cards of victims;

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

1. CCTV images CDs at the scene of a crime;

1. Application of the Acts and subordinate statutes to the victim's forest;

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

Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; 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 first offender; the crime in this case alone is hard to readily conclude that the defendant has a criminal tendency against many and unspecified persons; the registration of personal information of the defendant against the defendant and the order to attend a sexual assault treatment course alone appears to have an effect of preventing re-offending; and the defendant's age, family environment, social relationship, etc. in light of all the circumstances, such as the defendant's age, family environment, and social relationship during the pleading of this case, the effect of preventing sexual crimes that can be achieved by disclosure and notification orders is considerably low, but it appears that the defendant should not disclose or notify personal information.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Sex Offenses, General Standards, Sex Offenses against Persons with Disabilities (at least 13 years of age), Type 2 (No. 13 years of age or older)

【Special Exemplarys】 The degree of indecent conduct is weak;

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years (Discretionary Zone)

3. Determination of sentence;

The crime of this case is an indecent act by compulsion of a victim with mental disorder, and the nature of the crime is poor, and the victim seems to have suffered mental suffering with considerable sexual humiliation due to the crime of this case, and the fact that the defendant did not reach an agreement with the victim is unfavorable to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognizes the crime of this case as substitute and reflects his mistake, the fact that the defendant is a primary offender who has no record of criminal punishment, the degree of the type of the defendant's exercise and the degree of the indecent act, and the fact that the defendant also has a disability of class 6 with a disability of cerebral lele and is not suitable for health status.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, etc. shall be determined as ordered in consideration of various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43

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

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young