2014Gohap792 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, etc.);

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

Indecent Act in Force, etc.)

A

Plusium (prosecution), leapment (public trial)

Attorney B (Korean National Assembly)

January 16, 2015:

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Disclosure information on the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified for five years.

Criminal facts

The defendant is the president of the ‘D' restaurant in Busan Jung-gu, and is employed by the victim E (n, 22 years of age), victim F (n, 16 years of age), victim G (n, 17 years of age), victim H (n, 16 years of age), victim I (n, 17 years of age) and victim I (n, 17 years of age) as part-time staff of the above restaurant and under instruction and supervision.

1. At around 11:00 on August 5, 2014, the Defendant committed an indecent act by force against the victim E, who is under the protection and supervision of the Defendant, by the same method as indicated in the separate crime list (1) between 8 and 10.00, the Defendant committed an indecent act by force against the victim E, who is under the protection and supervision of the Defendant, in the same manner as indicated in the separate crime list (1).

2. At around 20:00 on July 15, 2014, the Defendant committed an indecent act by force against the victim FF, the victim G, the victim H, and the victim 1, who were juveniles, on nine occasions as shown in the list of crimes (2) of the attached Table, from that time until August 17, 2014, in which the victim I’s am her own son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, and I;

1. Each statement of E, F, G, H, and I;

Application of Statutes

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

Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act by occupational force), Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of indecent act by indecent act against children and juveniles), and each choice of imprisonment.

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 by the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as Fraudulent Means, etc.)]

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;

Article 16(2), main sentence of Article 16(3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 59 of the Act on Probation, etc.

Article 21(2), main sentence of Article 21(3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, Etc.

1. An order for disclosure and notification;

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the main text of Article 49(1)2 and (3) and the main text of Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The reason for sentencing under the main sentence of Article 49(1)1 and (3), the main sentence of Article 50(1)1 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

[Scope of Punishment] Imprisonment with prison labor from one year to June 22

【Determination of Punishment】

Offenses of the Act on the Protection of Children and Juveniles against Sexual Abuse: Each sex crime, general standard, crime of indecent act by compulsion (subject to over 13 years of age) and type 2 (Indecent act by compulsion of juveniles).

[Special Convicts] Where the degree of each indecent act is weak (Mitigations)

[General Convicts] The maximum and minimum limits of the range of sentence applicable to each of the following factors: (a) the each of the following factors; (b) the crimes against each of the juveniles (the scope of recommendations); and (c) each of the following cases (the scope of punishment); (d) one year to two years (the mitigation area; and (e) the indecent act by force by force by blood in the relation of relatives; and (e) the maximum and minimum limits

[Scope of the revised recommended punishment] Imprisonment for not less than one year [the minimum limit of the recommended punishment shall be considered only because there is a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which no sentencing guidelines are set.]

[Determination of Sentence] Each crime of one year of imprisonment is an indecent act by force against the employees employed by the Defendant at the restaurant that the Defendant had operated. Considering the circumstances and frequency of the crime, the victim’s age, etc., the victim’s act appears to have suffered considerable sexual humiliation and mental shock, and the victims wanting punishment, it is necessary to punish the Defendant strictly.

However, the punishment is determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant's mistake is broken down and against him, the degree of indecent act against the victim is relatively minor, and the age, character and conduct, environment and circumstances after the crime is committed.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting an offense against the defendant, the defendant is a person subject to registration of personal information pursuant to 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 pursuant to Article 43

The new judge, new judge and new judge

Judge To call

Judges Il-il