2018 High 1092 Minor Inducement and Act on the Protection of Children and Juveniles against Sexual Abuse

Violation of rate (compreting by deceptive means)

2018Jacciny34 (Joint Attachment Orders)

A

A prosecution in the order of non-performance, and a trial in the past;

Law Firm Governing Law Firm

[Defendant-Appellant] The Head of Sink-do Office

March 26, 2019

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for three years.

The request for the attachment order of this case is dismissed.

Criminal History Office

1. Inducement of minors;

On October 9, 2018, at around 23:25, the Defendant opened a hosting room in the name of "D", such as "persons who have access to SNS NF," and "gambing" using mobile phones in the vicinity of the C Station located in Gangnam-gu Seoul, Seoul, and recommended the victim E (the 15-year-old age), who has contacted with him through the dialogue, to go home, to be frightd, frightd, and to go home, and to go back to the address. On October 10, 2018, the Defendant told the victim to go home, around 00:00, the victim was in front of the victim's house located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and returned to the Gyeonggi-do Do Do Ma-si, who was living in his own car.

Accordingly, the defendant induced a minor victim.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On October 10, 2018, at around 03:00, the Defendant: (a) led the victim’s arms being frighted in a situation where the Defendant first met with the Defendant; (b) attempted to get the victim’s clothes, and forced him/her to get off; (c) but the victim tried to continue to refuse the victim’s fright while frighting the Defendant’s hand, and (d) tried to have the frighted victim, who was frighted, promulgated by frighting the victim’s chest and sexual organ quickly; (d) putting the victim on the victim’s chest and sexual organ into the part of the victim’s body; and (e) putting the victim into the part of the victim’s face.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

Summary of Evidence

1. Statement of the accused in the second protocol of preparatory hearing;

1. The police statement of E;

1. Records of statements made by victims;

1. Details of Defendant’s photographs, CCTV photographs, and communications data;

1. Detailed reporters of missing children, etc.;

Application of Statutes

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

Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of sexual intercourse by force and the choice of limited term) and Article 287 of the Criminal Act (the occupation of attracting minors)

1. Aggravation of concurrent crimes;

The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is more severe (the penalty for concurrent crimes within the scope of adding up the long-term punishments of two crimes as stipulated in the crime of deception, etc.)

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 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no history of sexual assault against the defendant, the registration of personal information and participation in the sexual assault treatment course alone appears to have an effect of preventing recidivism to a certain extent, and in addition, considering the defendant's age, the background and content of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victim, etc., it is deemed that there are special

1. An employment restriction order;

Registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Where a conviction becomes final and conclusive for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to the registration of personal information under 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 head of a competent police office pursuant to Article 43

The personal information registration period of a defendant is 15 years in accordance with Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the crime causing the registration of personal information, the nature of the crime and the severity of the crime, etc., the personal information registration period is determined not to be necessary to be set a short-term period than the period according to the sentence pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Therefore, the personal information registration period should not be shortened.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty years; and

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

(a) Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] General Criteria for Sex Offenses Type 2 (Rape, Rape, etc. in Connections with Relatives)

* Juvenile Rape / Similar Rape (including deceptive schemes, livers/ Similar Rape) is included in two categories:

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation and Scope of Recommendations] Reduction Area, 3 years to 5 years

(b) Crimes of inducing minors;

[Determination of Punishment] Types 1 (Simple Kidnapping, Inducement, Human traffic, etc.) where only the abduction and inducement of human trafficking (including concealment, solicitation and delivery of transportation to a foreign country) are committed.

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation Area and Scope of Recommendations] Reduction Area, Imprisonment of six months to one year and six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for three years to six years (the upper limit of crimes 1 + the upper limit of crimes 1/2).

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and four years of suspension of execution; and

The crime of this case is committed by force after soliciting the defendant to leave the victim who is a minor, and it is not good that the crime was committed by force, and it seems that the age victim was sexual humiliation and mental impulse due to the crime of this case.

However, there is no history that the defendant has been punished for sex crimes, the fact that the defendant has recognized his/her mistake, against himself/herself, and does not repeat the crime, the fact that the victim reported the hosting room established by the defendant while he/she was willing to leave, and contact him/her, the degree of force exercised by the victim is not much severe when sexual intercourse, and the fact that the victim paid consolation money to the victim and received a letter from the victim is favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing factors shown in the arguments in this case, such as the circumstances after the crime, etc., shall be determined by getting out of the minimum sentencing criteria according to the sentencing guidelines and the same as the order.

Judgment on the request for attachment order

1. The summary of the request for attachment order;

In light of the fact that a person subject to a request to attach an electronic device has committed a sexual crime against a minor under the age of 19 as indicated in the judgment of the court below, and in light of the defendant’s occupation, criminal environment, and in particular, inducing female prisoners in imminent conditions by means such as the Criminal Procedure Act, and having strong habits to meet his/her sexual purpose, the person subject to a request to attach an electronic device should impose an order to attach an electronic tracking device on the defendant.

2. As to the person against whom the request for attachment order was made, the court shall dismiss the request for attachment order pursuant to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.

Judges and Judges of the Court

Judge Song In-bok

Judges Park Tae-soo