2012 Highly 603 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

00, Employees

Residence Kim Jong-si

Reference domicile Kim Jong-si

Isopon (prosecutions) and Kim Gi-do (Trial)

Attorney Cho Dong-jin (Korean)

August 31, 2012

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to take 80 hours of sexual assault therapy.

Disclosure information on the accused shall be disclosed through an information and communications network for two years, and the notification information shall be notified to the residents of the Eup/Myeon/Dong in which the accused resides for two years.

Criminal History Office

The defendant is a manager of "OOO" store in Kimhae-si 0000, and the victim's lecture is an employee who works at the above victim's shop.

1. Crimes against coercion of the victim;

A. The Defendant, at the above “0000, entered the victim’s house at around 000:00 on the part of the victim, who was going to start part-time her house (at 16 years of age). At around 09:00 on February 9, 2012, the Defendant: (a) entered the victim’s house at around 09:00 on the part of the Defendant; (b) but (c) the victim refused it; (d) the victim was frighted into the Defendant’s house; (d) the victim’s her seat and her chest were frighted on his/her bridge, and her son and her chest were frighted on his/her own bridge.

B. At around 10:00 on February 9, 2012, the Defendant: (a) 10:00, the victim’s bucks that the Defendant was not in the Defendant’s possession of ○○○○○, and refused to use in the car, were fucked into the victim’s buckbucks. From around 11:0 on February 10, 2012 to 23:00, the Defendant: (b) the victim was working within the “○○○○○○” store between the victim and 23:00; (c) the victim was her kis, her kis, her kis, her kis, and her kis, and the victim’s her kws, her kis, or her kis

Accordingly, the Defendant committed an indecent act against the juvenile by force over three occasions.

2. A crime against the victim so-called "so-called";

On February 19, 2012, from around 17:30 to around 19:45, the Defendant: (a) sent to the victim so-called “○○○○○○○○○○○○” located in the “○○○○○○○○○○” store, and (b) sent the victim’s face to the victim so-called “○○○○” (the victim’s 18 years of age) with his/her son, her son’s son, her son, her son’s son, her son’s face, her two son, and her son’s k

Accordingly, the Defendant committed indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police on the ○○ and ○○○;

Application of Statutes

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

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) committed on February 10, 2012 against the strong number of victims with the largest number of crimes)

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;

Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure;

Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

1. The grounds for sentencing under Article 38-2(1)1 and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11407, Sep. 15, 201);

2. Scope of recommendations;

(a) Basic crime (the first-class indecent act by compulsion on the market);

[Determination of Punishment] A sex crime. A crime of indecent act by compulsion (subject to the age of 13 or older) (Type 4, juvenile indecent act by compulsion)

[Special Esponsor] Reduction element: In a case where the degree of indecent conduct is weak

In the event of using deceptive schemes or force, other than assault and intimidation (type 2), a person who is not punished (agreement)

【General Convicts】

○ Aggravations: In the case of crimes against juveniles

[Scope of Recommendation] Reduction Area: Imprisonment of April 15 to one year and six months (before conciliation according to the applicable sentences of law). 1 and 2 concurrent crimes (2-B at the time of sale, 3-2, 3-2 by indecent act).

[Determination of Punishment] A sex crime. A crime of indecent act by compulsion (subject to the age of 13 or older) (Type 4, juvenile indecent act by compulsion)

[Special Esponsor] Reduction element: In a case where the degree of indecent conduct is weak

In the event of using deceptive schemes or force, other than assault and intimidation (type 2), a person who is not punished (agreement)

【General Convicts】

○ Aggravations: In the case of crimes against juveniles

[Scope of Recommendation] Reduction Area: Imprisonment of April 15 to one year and six months (pre-Adjustment according to the applicable sentences of law). The Third Minor Offenses (In the case of sale by force, Paragraph 2)

[Determination of Punishment] A sex crime. A crime of indecent act by compulsion (subject to the age of 13 or older) (Type 4, juvenile indecent act by compulsion)

[Special Esponsor] Reduction element: In a case where the degree of indecent conduct is weak

Where a deceptive scheme or force, other than assault and intimidation, has been used (type 2)

【General Convicts】

○ Reduction element: Deposit of a reasonable amount

[Scope of Recommendation] Reduction Area: April 15 to January 1, 200 (before adjustment according to the applicable sentences of law): Imprisonment with prison labor: Six months to two years (the lowest sentence shall be adjusted according to the applicable sentences of law, the upper limit of the punishment shall be adjusted according to the adjustment according to the applicable sentences of law, the upper limit of the punishment shall be added to the upper limit of the recommended punishment for basic crimes (one year and six months), and one-third (six months), respectively).

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence; and

Even though the Defendant had had the history of criminal punishment for committing the crime committed by force by force by force, the Defendant committed the instant crime, committed repeated crimes against the victims who are juveniles, and appears to have caused considerable humiliation. In particular, the victim Gangwon ○○ appears to have been an employee employed by the Defendant and could not actively cope with the Defendant’s crime, and thus, it is necessary to punish the victims with severe penalty corresponding thereto.

However, in light of the favorable circumstances, such as the fact that the defendant confessions all of the crimes and reflects his mistake, there exists no record of criminal punishment for the last six years, the fact that there is no emphasis on the exercise of force against the victims or the degree of indecent act, the victim's lecture was agreed with the victim's lecture, and the fact that the defendant's age is 33 years old and cannot be viewed as having any possibility of rehabilitation, etc., the punishment as the order shall be determined by taking into account all the various sentencing conditions in the instant case, including the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime.

Registration of Personal Information

Where a conviction of the Defendant against the instant crime is finalized, the Defendant constitutes a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to the competent authority pursuant to Article 34 of the same Act.

Chief Judge Park Jong-chul

Judge Maump

Judges Lee private-public;