2013Gohap286 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

(A) Minor Rape, etc. under the age of 13)

Violation of the Act on Special Cases concerning Punishment, etc. of Violence Crimes (13 years of age);

Adult deceptive scheme, etc.)

A

Dozboards (prosecutions) and Austrias (public trials)

Attorney B (Korean National Assembly)

July 12, 2013

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Criminal facts

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc.)

A. On September 16, 200, at around 16:00 on the date of September 200, the Defendant sent obscenity images to the Defendant’s room, which was sexually revealed in the Defendant’s obscenity C Apartment 121-dong 1806, the Defendant left the Defendant’s home, who was living in the Defendant’s room (hereinafter “the Defendant’s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s home-s.

Accordingly, the defendant committed by force the act of inserting sexual intercourse into the mouth of a minor victim under 13 years of age.

B. At around 20:00 on September 200, which was about seven days after the day of the preceding paragraph, the Defendant, at the same place as of September 2009, 200: (a) had a obscenity compared to the above victim’s obscenity, and had the victim scam rapidly changed to the victim’s sexual organ; (b) however, the victim exceeded the victim’s scam from the point of view that she did not refuse to do so; (c) tried to put the victim’s sexual organ into the victim’s sexual organ, but did not put the victim’s sexual organ into the victim’s sexual organ, as soon as possible; and (d) took the victim’s secret into the victim’s chest into the victim’s chest.

As a result, the defendant tried to have sexual intercourse with a minor under the age of 13 by force, but did not bring about such intent and did not commit an attempted crime.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an minor, deceptive scheme, etc.);

At around 15:00 on August 7, 2010, the Defendant, at the same place as in August 2010, laid off the victim’s obscenity on his own room, laid off the victim’s panty, laid off the victim’s panty, laid off the victim’s body, laid down the victim’s body, laid down the victim’s body on the part of the other Defendant’s body, and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant had sexual intercourse with a minor under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and records of D;

1. Application of each family relation certificate, certified copy or abstract of resident registration card, and statutes;

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

Article 4 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply) and Article 8-2 (5) and (2) 1 of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply): Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply)

Article 1-2(5) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1021, Apr. 15, 2010); Article 4 of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1031, Apr. 15, 2010); Article 8-2(5) and (1) of the former Act on the Punishment,

Article 7(5) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 1, 201); Article 297 of the Criminal Act (However, the upper limit of punishment is governed by the main sentence of Article 42 of the former Criminal Act)

1. Aggravation for concurrent crimes;

The proviso of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the penalty shall be imposed among concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Punishment, etc. of Minor, etc. under Fifteen Years of Age))

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Order to complete programs;

Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main text of Article 21(2), Article 21(3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.

1. Exemption from disclosure orders:

In light of the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case was committed in the special circumstances where the relationship with the victim, who is the dubed dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub,

1. Whether to issue an order to notify;

Pursuant to the proviso to Article 1 and Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 10260, Apr. 15, 2010), the Defendant’s crime of this case is not subject to an order of notification under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing [Scope of Punishment of Penalties] Imprisonment with prison labor, March 5, 198

[Determination of Types] The act of similarity by force on minors under the age of 13: Sexual crimes, general standards, sex offenses against those under the age of 13, types 4 (Compulsory Similar)

- The attempted sexual intercourse through the threat of force against minors under the age of 13: the crime in the holding has been committed and the sentencing criteria shall not apply to such attempted crime.

Sexual intercourse by force on a minor under the age of 13: Sex crimes, general standards, sex offenses against a minor under the age of 13, types 5 (Rape)

[Special Esponsor] When using deceptive schemes and force other than assault and intimidation, similarity by force and sexual intercourse by force against minors under the age of 13: In the event of using deceptive schemes and force other than assault and intimidation, no penalty is imposed (each mitigated element).

[General Doese Persons] - Acts of similarity by force on minors under the age of 13 and the point of sexual intercourse by force: Serious reflectivity, criminal punishment (each mitigated factor), the use of personal trust relationship (aggravated factor)

[Scope of Recommendation] The act of similarity by force for minors under the age of between 13 and 13: Imprisonment for a period of 2 years to 7 years (at least 2 persons with a special superintendent, a minimum of the sentence range recommended in the sentencing criteria shall be mitigated to 1/2)

‘‘(13) Sexual intercourse by force with minors under the age of 13: Imprisonment for a period from 3 to 9 years (at least 2 special mitigations exist, and the lower limit of the sentence range recommended in the sentencing guidelines shall be mitigated to 1/2).

[Scope of the revised recommended type] Imprisonment for not less than five years [the lowest limit of the above recommended range shall be considered only for the case of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims of Sexual Crimes due to Force on Minor Offenders under the age of 13 whose sentencing criteria are not set, and the lowest limit of the above recommended range shall be less than the spole that is lower than the spores of the spores.]

[Determination of Sentence] The crime of each of the crimes of this case with 5 years imprisonment is deemed to be the object of resolving the victim's sexual desire, and is similar by force against the victim, attempted to engage in sexual intercourse by force, attempted to engage in sexual intercourse by force, and committed sexual intercourse by force. In light of the relationship with the victim, the victim's age, frequency and method of the crime, degree of the hedge, etc., the crime of this case is very heavy and bad. At the time of each of the crimes of this case, the victim suffered mental suffering from the defendant's act by the child remaining 10 years old at the time of the crime of this case, and it is expected that the victim might have a negative impact on the establishment of sexual identity or values in the course of the growth of the victim in the future, it is inevitable to punish the defendant significantly.

However, at the time of each of the crimes of this case, the defendant has been still in a state where the ability to distinguish and judge personal, emotional, and emotionally aesthetic records related to the performance of juveniles of 17 to 18 was insufficient. However, the defendant has been in a state where the parent's protection and management was required because of the divorce of his parent from the fourth to the present, the guardian's recidivism, neglect, etc., and so on. Nevertheless, the defendant has grown up in a state where the emotional unstable and neglected to the present environment, such as frequent change in the parenting environment from the fourth to the present due to the divorce of his father, the guardian's recidivism and neglect, etc., without receiving the sex education which is decent from his parents and schools during the growth process, and led to each of the crimes of this case. The defendant has developed into the Internet game, obscene material, etc. and has no history of criminal punishment. After each of the crimes of this case, the defendant has divided his own mistake in depth, and after each of the crimes of this case, the victim and the father's age, motive and condition of the crime of this case, etc.

Registration of Personal Information

Where a conviction becomes final and conclusive on each 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 43 of

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