2012Gohap600 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), Quasi-Rape

Indecent Acts

Small ○○ 56-years, South - xxxx), street cleanerss

00,000 square meters in case of residential accommodation

- 00,000 square meters in the place of registration

Maximum Republic of Korea (prosecutions) and Kim Yong-Nam (Trial)

Attorney Wh Jeong-sik (Korean National Assembly Line)

September 6, 2012

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the completion of the sexual assault treatment program for 120 hours.

Disclosure of information on the accused shall be made public through an information and communications network for five years.

The defendant shall be notified of the information for five years.

Criminal History Office

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.);

피고인은 2012 . 6 . 21 . 05 : 30경 용인시 기흥구 00동 - _ 에 있는 " 아쿠아 폴리스 " _ 층 찜질방 내에서 피해자 김○○ ( 여 , 17세 ) 가 자고 있는 것을 보고 순간적으로 욕정을 일으켜 피해자가 덮고 있는 이불 속으로 들어가 자신의 다리를 피해자의 다리 위로 올 리고 , 손으로 피해자 가□■■를 만져 잠들어 있는 피해자의 항거불능의 상태를 이용 하여 청소년인 피해자를 추행하였다 .

2. Quasi-Indecent acts;

On July 20, 2012: 04: 40, the Defendant committed an indecent act against the victim by taking advantage of the victim’s desire to resist, making soup so that the victim’s ambling ○○ (the 36-year-old age) is being mixed within a coina or in a female waters room, and by causing the victim’s ambling on the sobry soup, putting his son up his son up and her chest on the breast suping body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of each police statement on gambling, ○○, and Kim○-○;

1. The statement of Kim○-○

1. On-site photographs, investigation reports (referred to as evidence Nos. 4, 9, 18), photographs;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the occupation of quasi-indecent act by compulsion against juveniles), Articles 299 and 298 of the Criminal Act (the occupation of quasi-indecent act by compulsion), and each choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) with heavier punishment within the scope of the sum of the long-term punishments for two crimes]

1. Order to complete a program;

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

1. An order for disclosure;

Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (based on the criminal facts of paragraph (1) of the same Article), and Article 37(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (based on the criminal facts of paragraph (2) of the same Article)

1. An order to notify;

Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (as to the crime of paragraph (1) of the same Article), Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (as to the crime of paragraph (2) of the same Article)

Grounds for sentencing

1. The scope of punishment by law;

From 1 year to 40 years of imprisonment.

2. Scope of sentence by sentencing criteria; and

(a) Basic crime: A crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.);

[Determination of Type] sexual crime group, general standards, crime of indecent act by compulsion (subject to 13 years of age or older), and type 2 (cleaning)

Juvenile Indecent Act by Compulsions

[Special Aggravations] Aggravations, Mitigations: None

[Scope of Recommendations] Imprisonment of 1 year and 3 months to imprisonment of 2 years and 6 months (in the basic area, the enforcement of the Act on the Protection, Protection, etc. of Juveniles)

In the case of imprisonment, the scope of imprisonment (two years and six months to six months); or

5 years of imprisonment) The upper and lower limit of imprisonment 1/2

[Reduction]

(b) Concurrent crimes: Quasi-indecent acts by compulsion;

[Determination of Type] Sexual Crime Group, General Criteria, Crime of Indecent Act by Compulsion (subject to 13 years of age or older), and Type 1 (general)

Indecent Act by compulsion)

[Special Aggravations] Aggravations, Mitigations: None

[Scope of Recommendations] Imprisonment of six months or more to two years (basic areas)

C. Handling of multiple crimes;

From one year to three years and six months of imprisonment (two multiple crimes in the relationship under the former part of Article 37 of the Criminal Act)

applying the criteria for basic crimes and applying the scope of sentence

the sum of 1/2 of the maximum limit of sentence for concurrent crimes

The scope of sentence shall be determined)

3. Determination of sentence;

The Defendant, as stated in the facts of the crime of paragraph (1) of the same Article, committed soup and soup, a locked person against the juvenile, who was arrested as a flagrant offender and investigated by the Dong-dong Police Station (the day immediately released) immediately thereafter, but committed a crime of quasi-indecent act by force against the victimized female at the Mana women's waters surface before the investigation or trial on the above case is completed, and the crime is very poor and has a high possibility of criticism. In particular, even before the instant case, the Defendant was tried to have been detained on the ground that he had committed a quasi-indecent act by force against three female women (including juveniles) in the same manner as the instant case against the victim (in the instant case, it is inevitable for the Defendant to be released from a fine of five million won prior to being imposed on the Defendant on the same kind of crime). In light of the Defendant's continuous criminal act as above, the Defendant’s desire to punish each victim of the instant case by taking into account the following factors: (a) the Defendant’s criminal act continues to be committed; and (b) the victim of this case’s desire to be punished.

However, the defendant recognized all the facts constituting the crime of this case and divided his mistake in depth, and considering all the circumstances revealed in the arguments of this case, such as the background of the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, family exchange awareness, and the attitude of the defendant in this court, the punishment against the defendant shall be determined.

Personal information to be registered and submitted;

Where a conviction on the crime of paragraph (1) of this Article is finalized, the defendant is a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, he/she is obligated to submit personal information to the competent agency pursuant to Article 34

Judges Kim Jong-chul

Judges Jeong-ho

Judges New Number of Days