2020 Highest 193 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

200 Magogora13 (Joint Attachment Orders)

2020Report14(merged) Probation Order

A

Yellow booms (prosecutions, requests for attachment orders, requests for probation orders), and trial by the competent civil authority.

Attorney Kang Tae-ro

September 11, 2020

A defendant shall be punished by imprisonment for not less than one year and 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 a lecture for sexual assault treatment for 40 hours.

The defendant shall issue an employment restriction to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.The request for the attachment order of this case and the request for probation order are dismissed.

Criminal facts

피고인은 2019. 7. 26. 22:00경 인천 남동구 B 5층 ○○호에 있는 피고인의 주거지에서 피해자 C(가명, 여, 17세)을 포함한 지인 5명과 함께 술을 마시다가, 다른 지인들은 모두 귀가하고 피해자만 술에 만취하여 그곳 침대에 누워 잠들어 있는 것을 보고, 피해자의 옷을 모두 벗긴 다음 가슴과 음부를 손으로 만지고 피해자의 음부를 입으로 핥았다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder or inability to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Video recording records;

1. A report on internal investigation:

1. 112 Reporting case management table;

1. Application of this Act to the extraction of damaged parts photographs, field CCTV images, etc.;

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

Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act (Optional to Imprisonment);

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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. The duty to register and notify personal information of the Defendant is difficult to readily conclude that the Defendant had no record of being punished for a sex crime prior to the instant case, in light of the circumstances leading up to the crime, etc., under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant is expected to have the effect of preventing recidivism of the Defendant only by the suspension of sentence of imprisonment with labor, registration of personal information, order to attend school for treatment of sexual assault, order to restrict employment, etc.; the Defendant’s age, occupation, family environment, and the instant order to disclose or notify the personal information is expected to have the effect of preventing recidivism of the Defendant; and the Defendant’s age, occupation, and family environment, as a result of the instant order to disclose or notify the personal information, taking account of various circumstances such as the degree of disadvantage and anticipated side effects that the Defendant was admitted, prevention of sexual crimes that may be achieved, and protection of the victim.

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to the main sentence of 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 competent agency

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 15 years;

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

[Determination of Punishment] Sexual / General Standard of Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Act on Indecent Act by Indecent Act by Act on Indecent Act by Act on Indecent Act by Persons of Age 13 or more (the second-class punishment)

[Special Convicts] Reductions: Non-Punishments

[Recommendation and Scope of Recommendation] Reduction Area, one year to two years [including deceptive and indecent acts by compulsion of juveniles (including deceptive and indecent acts by force) are included in two types, but the upper and lower limit of the scope of sentence shall be reduced to 2/3];

3. Determination of sentence: The crime of this case 1 year and 6 months of imprisonment, and 2 years of suspended sentence is that the defendant drinks alcohol at his own house with his own aftermath and aftermathing together with the victim's sexual intercourse, and the victim remaining her aftermath and her aftermathing drinking, and 17 years of age is exempted from the victim's clothes merely her age to resolve his sexual desire, and her chest and drinking her losses are found to have her chest and drinking her losses, and the crime is not good in light of the course of the crime, method, degree and degree of the indecent act, and the victim's age. Accordingly, the victim seems to have suffered serious pain between her chest and her part, and the victim seems to have been suffering from severe sexual humiliation and mental shock in the age in which her sexual identity is formed.

However, the defendant appears to have committed the crime of this case in a contingent and impulse, and there is no history of punishment heavier than that of the same kind or fine. The defendant shows his attitude of recognizing and opposing his mistake, and the victim does not want the punishment of the defendant by receiving compensation for damage from the defendant, and only by agreement with the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined by taking into account all the conditions of sentencing as shown in the argument of the case.

Determination on requests for attachment orders and requests for probation orders;

1. Summary of request;

A person subject to a request for an attachment order and a person subject to a probation order (hereinafter referred to as the "defendant") have committed a sexual crime against a minor under the age of 19 as indicated in the facts constituting a crime in the judgment, and is likely to recommit a sexual crime in light of the course and method of the crime, the character and conduct of the accused, etc. As such, pursuant to Articles 5(1)4 and 21-2(1) of the Act on the Attachment, etc. of Electronic Devices, a request for an attachment order and probation order of the location tracking device

2. Determination

Since the defendant is sentenced to the suspended sentence of imprisonment as ordered by the court, the defendant's request for the attachment order of this case and the probation order of this case are dismissed in accordance with Articles 9 (4) 4 and 21-8 of the Electronic Monitoring, etc. Act.

The presiding judge and senior judges shall be appointed

Judges Go Jin-hun

Judge 00