2015Gohap378 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), sexual assault

Violation of the Act on Punishment of Crimes and Protection of Victims, etc. (13 years of age);

Minor Rape, etc., Punishment of Sexual Crimes and Victims Thereof

Indecent act by compulsion of relatives in violation of the Family Protection Act, etc.

Violation of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes

special cases concerning the punishment, etc. of sexual crimes (friendly)

Indecent act by compulsion of one’s relationship), the punishment, etc. of sexual crimes

violation of the Act on Special Cases in the Republic of Korea (a minor indecent act under thirteen years of age), a child,

Article 10 (Violation of the Act on the Protection of Juveniles against Sexual Abuse)

Kim ① (62 years old, South) , and number of trees

Residential Suwon City

Busan Dong-gu, Busan

No. 50,00,000

Attorneys Kim Gyeong-soo (Law Firm Gyeong-soo)

November 5, 2015

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete the sexual assault therapy for 120 hours.

Facts of crime

Relationships with the victim on terms

On August 27, 1998, the defendant adopted the victim Kim-○ (the 16-year-old age) who was born between the defendant and his spouse, as if he was born between the birth father and the ○○○○, a spouse, and had a family relationship with the victim.

i. Doe Crime

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor, rape, etc. under the age of 13), and violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a relative's in

피고인은 2009. 4. 경 수원시에 있는 피고인의 집 거실에서, 텔레비전을 보고 있던 피해자 ( 당시 10세 ) 의 상의 안으로 손을 넣어 가슴을 만졌다. 이에 피해자가 ' 하지 마 ' 라고 소리치며 저항하였음에도 계속해서 가슴을 만지고, 피해자가 이를 피하려다가 넘어지자 피해자의 옆에 누워 피해자의 바지 속으로 손을 넣어 음부를 만지고, 양팔을 움직이지 못하게 붙잡은 후 피해자의 바지와 팬티를 벗기고 혀로 음부를 핥았다 .

Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13 who is a blood relative.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

On April 201 through May 201 of the same year, the Defendant: (a) at the home of the Defendant’s head of Suwon-si located in Suwon-si; (b) “The victim (at that time 12 years of age) would have been able to see how or not the chest would have been her chest; and (c) caused the victim’s chest by putting his hand into the victim’s Tts, thereby turning the victim’s chest into one time.

Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13 who is a blood relative.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by blood) or violation of the Act on the Protection of Child and Juvenile Sex (Indecent Act by indecent act);

A. At the Defendant’s home located in Suwon-si around December 2011, the Defendant: (a) brought the victim (at that time, 13 years of age) who was operating a computer in his/her own room, with the string of brush, brought the brush into the victim’s bruts, thereby holding the brush with his/her hand on several hand; and (b) brought the chest into the victim’s hand.

Accordingly, the defendant committed an indecent act against a child or juvenile victim who is a relative or juvenile.

B. On August 2014, the Defendant: (a) at the Defendant’s house located in Suwon-si, at the Defendant’s house located in Suwon-si; (b) covered and enjoyed fluored the fluor; and (c) reported TV, the Defendant met both breasts of the victim by hand after Da Da Da 16 (the age of 16 at that time).

Accordingly, the defendant committed an indecent act against a child or juvenile victim who is a relative or juvenile.

다. 피고인은 2015. 6. 14. 04 : 41경 수원시에 있는 피고인의 집 안방에서, 피해자 ( 당시 16세 ) 와 함께 잠을 자다가 인기척에 잠에서 깬 피해자의 티셔츠와 브래지어를 위로 올린 후 손으로 왼쪽 가슴을 만지고, 피해자가 ' 하지 마, 싫어, 그만 해 ' 라고 말하면서 양손과 양발로 피고인을 밀어내며 반항하자 강하게 끌어 당겨 반항을 억압한 후 피해자의 왼쪽 가슴을 혀로 핥고 오른쪽 가슴을 손으로 만졌다 .

Accordingly, the defendant committed an indecent act against a child or juvenile victim who is a relative or juvenile.

4. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives);

피고인은 2011. 12. 00 : 00경 수원시에 있는 피고인의 집 안방에서, TV를 보다가 잠이 든 피해자 ( 당시 13세 ) 의 브래지어 밑으로 손을 넣어 가슴을 만지고, 혀로 가슴을 핥고, 피해자의 몸 위로 올라가 체육복 바지와 팬티를 강제로 벗긴 후 피해자의 음부에 손가락을 넣고, 혀로 음부를 핥았다 .

In this regard, the victim's refusal to do so refers to ‘the victim', ‘hum and humma', ‘hum and ‘hum', ‘hum and ‘hum', so that her mother was able to assist the mother, the victim was prevented from being injured by one hand, the victim's her hand, the victim's her bridge, the victim's her bridge was divided into a bridge, and the victim's bridge was sexual intercourse once.

Accordingly, the defendant raped a child or juvenile victim who is a relative of a child or juvenile.

Application of Statutes

1. Article applicable to criminal facts;

Article 7(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Protection of Victims thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 298 of the Criminal Act / [the point of indecent act by blood: Provided, That the upper limit of punishment shall be governed by Article 42 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply], Article 8-2(3) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof, Article 298 of the Criminal Act

[The fact that a minor under the age of 13 is indecent acts by compulsion: Provided, That the maximum penalty shall be governed by the main sentence of Article 42 of the former Criminal Act

○ Indecent act by compulsion as stated in the facts constituting the crime No. 2: Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act (a point of indecent act by blood relationship), Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion under the age of 13

Article 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act, Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) Article 298 of the Criminal Act (a)

Article 5(2)(A) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the point of indecent act by compulsion of juveniles)

Article 5(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (a point of juvenile rape)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act / [1] Articles 40 and 50 of the Criminal Act / Punishment of Sexual Crimes, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under 13 years of age) and the Punishment of Sexual Crimes, Violation of the Act on the Protection, etc. of Victims (Indecent Act by Relatives) with heavy quality, punishment provided for in the Act on the Punishment, etc. of Sexual Crimes and Violation of the Act on the Protection, etc. of Victims thereof (Indecent Act by Relatives). (2) Crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives under 13 years of age) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives under 13 years of age), punishment provided for in the judgment / Crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives

Punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) with heavy punishment; 4. Violation of the Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) referred to in paragraph (4) of the holding, and the violation of the Child and Juvenile Protection Act (Rape by Relatives) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Rape by Relatives)

1. Aggravation of 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 crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the most severe punishment

1. Order to complete programs;

The crime described in paragraphs 1, 2, 3-A, and 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); the main text of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

(c) Each crime described in Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of seven years to forty-five years;

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

(a) No person shall be punished for a sex offense subject to the age of 13 or less as stated in the holding (a) and (2);

[Decision of Recommendation] Reduction Area

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years

(b) Crimes listed in paragraph (3) of the judgment [types] sexual crime group's general standards (subject to persons aged 13 or older) by blood relatives;

【Special Convicts 【Non-Punishments】

[Decision of Recommendation] Reduction Area

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years

(c) Crimes listed in paragraph (4) of the holding [the types of decisions] shall be determined by general standards for rape (the persons aged 13 or older shall be subject to punishment) by blood relatives.

[Decision of Recommendation] Reduction Area

[Scope of Recommendation] Imprisonment of 3 years to 5 years

(b) The scope of final sentence due to the aggravation of multiple offenses: Three to nine years of imprisonment (five years and six months + two years and six years + one year);

3. The instant crime committed by the sentence decision is one of the following: (a) although the Defendant, as a shesheshesheshesheshes, ought to look at the victim of the age, and she committed several indecent acts and rapes against the elementary school student or the victim of the middle school student at the time; and (b) the nature and criminal intent of the relevant crime are very poor. Furthermore, the victim who formed the sexual identity and values has suffered a huge mental and physical pain; and (c) the suffering appears to be difficult to recover through life, it cannot be held liable with severe responsibility corresponding to the illegality level of the crime.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects his mistake, the fact that the defendant has no criminal record for the same kind of offense, and the fact that the victim submitted a written application for punishment not to punish the defendant, etc., the defendant's age, character and conduct, family environment, family relationship, circumstances after the crime, etc., the punishment as the disposition shall be determined by taking into account the defendant'

Where a conviction becomes final and conclusive against a defendant, the defendant is a person subject to registration of personal information in accordance with the following applicable law, and is obligated to submit personal information to the competent authority in accordance with the following applicable law.

The crime described in paragraph (1) of the same Article: Article 32(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 9765, Jun. 9, 2009); Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012); Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Submission)

The crime described in paragraphs (2), (3) and (4) of the judgment: Article 3(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 9765, Jun. 9, 2009); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201); Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012)

Article 5 (1) of this Act, Article 43 (Submission of Special Cases concerning the Punishment, etc. of Sexual Crimes)

(c) An offense described in Article 42(1)(registration) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 43(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Submission of Orders) and exemption from an order for disclosure or notification.

Since the defendant has no record of punishment for a sexual crime, and the defendant's personal information is a shesheshel of the victim, the disclosure or notification of the defendant's personal information is likely to cause secondary damage to the victim and his/her family members when the disclosure or notification of the victim's personal information is made, the registration of the defendant's personal information and the completion of the sexual violence treatment program can be seen to have an effect of preventing recidivism to a certain extent, and there are special circumstances that may not disclose or notify the defendant's personal information. Thus, the disclosure or notification of the defendant's registered personal information is not ordered in accordance with the following applicable laws.

The crime described in paragraph (1) of the crime indicated in the judgment: Article 49 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 5 (1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012) / [it shall not be subject to an order of notification pursuant to the proviso to Article 1 and Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 10260, Apr. 15, 2010)];

Article 38(1) proviso, Article 38-2(1) proviso, Article 38-2(1) proviso, Articles 1 and 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); the former Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 10260, Apr. 15, 2010);

(c) Each crime described in Article 49(1) proviso and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse

For the purpose of judge mistake

Judge Shee-hee

Judges Maximum Min-man