2012Gohap1018 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

(Minor Rape, etc. under thirteen years of age)

KimO, Officeless

Residence Busan Busan Jin-gu

Busan District Court

Kim Jong-Un (Court of Prosecution) and new training (Court of Public Trial)

Law Firm Kud Law, Attorney Choi Young-soo

December 28, 2012

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 80 hours.

The access information of the accused shall be disclosed through an information and communications network for five years.

Criminal History Office

From March 2009 to February 2010, the Defendant: (a) was in charge of ○○○○○○ School in the Young-gu, Busan; and (b) was in charge of her kneeing female students with good learning attitudes, her knee and kis, etc.

On April 209, the Defendant committed an indecent act by force against a person under 13 years of age, such as knee, knee, knee, knee, knee, knee, knee, knee, knee, and kne, knee, kne, etc., of the victim at the above school year Oxa of the above school year.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. An expert opinion on a child sexual assault case;

Application of Statutes

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

Article 8-2 (5) and (3) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 932, Mar. 15, 2010); Article 298 of the Criminal Act [Selection of Imprisonment: Provided, That the upper limit of imprisonment shall be governed by the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010)] 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;

Article 13 of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 2009; hereinafter referred to as the "former Act on the Protection of Children and Juveniles against Sexual Abuse"); Article 62-2 of the Criminal Act; Article 59 of the Act on Probation, Etc.

1. An order for disclosure;

Article 3(4) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010); Article 37(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Provided, That the personal information provided to an order to disclose pursuant to Article 3(5) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010) need to be punished in light of the following: (a) the crime of this case is committed on the grounds of sentencing: (b) the victim, who is only nine years of age, of an elementary school teacher, was kneeked and placed in his kne, and was committed by indecent act inside the victim; and (c) the crime is not punishable for the victim.

However, it appears that the defendant entirely recognized his mistake and has been divided in depth, it appears that the victim has agreed to pay consolation money, etc. to 50 million won on the part of the victim, and accordingly, the victim's wife is the front side of the victim (the victim is living a normal school life due to psychological treatment, etc.). The victim's use of force, which is not violence or intimidation, is deemed to have been released from school position. In this case, it seems that he would have been disadvantaged by this case, and that he would have been disadvantaged for a long time, such as the reduction of pension, etc., it seems that he would have been able to receive disadvantage, such as the reduction of pension, etc., in good faith, there has been no criminal history, and there are other conditions of sentencing as indicated in the argument of this case, such as age, character and conduct, environment, and circumstances after the crime, etc.

Registration of Personal Information

In a case where a conviction against the defendant on the crime of this case is finalized, the defendant is a person subject to registration of personal information pursuant to Article 32(1) of the former Act on the Protection of Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 33 of the former Act

The presiding judge and the judge;

Judges Unauthorizedd Judge

Judges or commercialia