2017Gohap550 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age);

Indecent Acts such as deceptions, etc.

A

Bags (prosecutions) and semi-satisfys (public trial)

Attorney B

August 11, 2017

A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Disclosure information on the accused shall be disclosed through an information and communications network for three years, and the notified information shall be notified during the aforesaid period.

Criminal facts

The defendant is a home visit teacher of CBE classroom, and the victim D (n, six years of age) is a person who learns Baduk from the defendant.

Defendant,

1. 2017. 3. 22. 18:30경 서울 강남구 E XXXX호 피해자 D(여, 당시 5세)의 집 작은 방에서 피해자에게 바둑을 가르치다가 피고인의 무릎 위에 앉아 있던 피해자의 엉덩이 부분이 피고인의 성기에 닿자 나이 어린 피해자가 교사인 피고인의 행동에 제대로 반항하지 못할 것이라는 사실을 이용하여 손으로 피해자의 음부 부위를 옷 위로 만졌고, 피고인의 예상대로 피해자가 가만히 있자 피해자의 바지와 속옷 안에 손을 집어넣어 피해자의 외음부 부분을 가운데 손가락으로 비비다가 피해자를 안아 그 곳에 있던 2인용 쇼파 위에 앉히고 피해자의 바지와 속옷을 발목까지 내린 다음 피해자의 외음부 부분을 가운데 손가락으로 비빈 후 약 10초 내지 20초 동안 입으로 피해자의 외음부 부분을 빨고 혀로 피해자의 외음부 부분을 핥았고,

2. 2017. 3. 29. 18:20경 위 1항 장소에서 피해자(여, 6세)에게 바둑을 가르치다가 나이 어린 피해자가 교사인 피고인의 행동에 제대로 반항하지 못할 것이라는 사실을 이용하여 피해자를 안아 그 곳에 있던 2인용 쇼파 위에 앉히고 피해자의 바지와 속옷을 발목까지 내린 다음 피해자의 외음부 부분을 가운데 손가락으로 비빈 후 입으로 피해자의 외음부 부분을 빨고 혀로 피해자의 외음부 부분을 핥았고, 피해자로 하여금 손으로 피고인의 성기를 옷 위로 만지게 한 후 피고인의 바지 지퍼를 내리고 피고인의 성기를 꺼내어 피해자의 입에 넣고 피해자로 하여금 피고인의 성기를 빨게 하였다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force, and put the victim's sexual organ into the mouth.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of victims;

1. The police statement concerning F;

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 Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the point of a minor under thirteen years of age by force, the choice of imprisonment), Article 7(5) and Article 7(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of similarity of minors under thirteen years of age by force)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Minor Means, etc. in the Age of 13) due to the similar act of minors under the age of 13 by any more severe force]

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;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure and notification;

Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

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

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age) due to the act of similarity of minors under thirteen years of age by force

[Determination of Types] General Criteria for Sex Offenses

[Special Mitigation]

[Scope of Recommendation] Basic Field, 6 years to 9 years of imprisonment

(b) The first concurrent crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act such as Minors, Fraudulent Means, etc. under thirteen years of age) due to force by force; and

[Determination of Punishment] General Criteria for Sex Offenses, Type 3 (Indecent Act by Indecent Acts)

[Special Mitigation]

[Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(c) Standards for handling multiple crimes: Imprisonment with prison labor for up to 6 years up to 12 years; and

3. Determination of sentence;

The Defendant, as a home visit teacher teaching the victim, commits an indecent act by using the fact that the victim is unable to properly resist the behavior of the Defendant, who is the teacher, and thereby inducing the victim to engage in a similar act. In light of the content and circumstances of the crime, the nature of the crime is very good. In particular, the instant crime appears to have a negative impact on the formation of sound sexual values of the victim in the future, as well as the mental suffering that the victim would suffer. Such circumstances are disadvantageous to the Defendant.

However, considering the fact that the defendant is led to confession and reflects in depth, the fact that the defendant has no record of criminal punishment, etc. favorable to the defendant, and taking into account the age, character and conduct, family relationship, living environment, motive, means and consequence of the crime, and circumstances after the crime, the punishment shall be determined by exceeding the lower limit of the recommended punishment according to the sentencing guidelines, and the punishment shall be determined as ordered by the order.

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 in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 43 of

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;