2017Gohap510,652(Joint), Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(13) Minor indecent acts by compulsion, children.

Violation of the Act on the Protection of Juveniles against Sexual Abuse

Indecent Acts, indecent acts by compulsion

2017 Beforemasta14, 18 (Joint) An order to attach an electronic device

Claimant

A

Bags (prosecutions) and Kim Jung-young (public trial)

Attorney B (Korean National Assembly)

September 14, 2017

Defendant and the person requested to attach an attachment order shall be punished by imprisonment for two years.

The defendant and the person against whom the attachment order is requested shall disclose and notify the information for five years.

The defendant and the person subject to the request for attachment order shall be ordered to attach an electronic tracking device for six years.

Defendant and the respondent for an attachment order shall be subject to the matters to be observed in the attached Form.

Criminal facts

【Criminal Power】

Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) are the mentally handicapped persons of the third degree in the mental retardation, and the persons who were sentenced to imprisonment with prison labor for a period of one year and six months from the Seoul High Court on August 19, 2010, and on July 13, 2012 at the Seoul Northern District Court on July 13, 2012.

【Criminal Facts】

"2017 Gohap510"

The Defendant, due to intellectual disability and drinking, committed indecent acts against the victims by assault as follows in the state that they have the ability to discern things or make decisions.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minorly Indecent Act);

At around 15:30 on May 4, 2017, the Defendant: (a) opened in the D Park located in Gangnam-gu Seoul Metropolitan Government, and visited the victim E (Woo, 10 years of age) who sees a mobile phone; (b) opened the victim in two arms; (c) opened the victim in one hand; (d) opened the victim in two hands; and (e) prevented the victim from leaving his face by two hands, and (e) set the victim’s face into the right math of the victim.

Accordingly, the defendant committed indecent acts against the victim under 13 years of age due to assault.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On May 4, 2017, at around 15:35, the Defendant discovered the victim H (n, 14 years old) who walked a place in front of the G convenience store located in F in Gangnam-gu Seoul Metropolitan Government, and subsequently, brought the victim into two arms after the victim, and got the victim's chest by two descendants.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by assault.

3. Indecent acts by compulsion;

Defendant,

A. On May 4, 2017, at around 12:50, the victim J (Woo, 36 years of age) standing in front of the Gangnam-gu Seoul Northern District, followed the victim’s horse, and caused the said victim to stop temporarily, so that the victim scams the two arms of the victim and scams the two arms of the victim by his own descendants, and scam the victim two arms;

B. At around 15:00 on the same day, a bus stops located in K in Gangnam-gu Seoul Metropolitan Government, waiting for the bus at the bus stops, and was seated next to the victim M(24 years old) who was sitting in the event, and then the bucks left by the victim's hand.

Accordingly, the defendant committed indecent acts against the victims by assault.

"2017 Gohap652"

At around 14:40 on May 4, 2017, the Defendant: (a) was unable to discern things or make decisions due to intellectual disability and drinking, and around 14:40 on May 4, 2017, the Defendant took part in the victim P (the age 11) who was drinking together with her friend in a park located in N in Gangnam-gu Seoul Metropolitan Government where her friend and her friend together with the friend in the said park; (b) was seated on the side of the said victim; and (c) was aware of the victim by her own arms, the Defendant fried the friend of the victim and

Accordingly, the defendant committed indecent acts against the victim under 13 years of age due to assault.

【Fact of Grounds for Attachment】

" 2017. 14"

The Defendant, as seen above, committed a sexual crime on at least two occasions and was sentenced to imprisonment with prison labor for a sexual crime, and committed a sexual crime repeatedly against an unspecified victim, including two victims under the age of 19, as described in the criminal facts of the 2017 Gohap510 case, within ten years after the completion of the execution of the sentence, and is highly likely to recommit a sexual crime in light of the background of each of the instant crimes and the character and conduct of the Defendant.

A person who commits a sexual crime against a victim under the age of 19, as described in the criminal facts in the instant case, within ten years after he/she was sentenced to imprisonment due to a sexual crime and the execution thereof was completed, and committed a sexual crime, which is deemed likely to recommit a sexual crime in light of the background of the instant crime and the character and conduct of the Defendant, etc.

Summary of Evidence

[2017Gohap510]

1. Defendant's legal statement;

1. Statement of resignation to J;

1. Stenographic records of each damage inflicted upon E and H;

1. Each written statement of Q and R;

1. A written statement (M) (Evidence 22);

1. A detailed statement of 112 reports;

1. Each investigation report (Evidence list 4, 11, 16, 17, 23, 24);

[2017Gohap652]

1. Defendant's legal statement;

1. Stenographic records of a victim in P;

1. The details of report and consultation;

1. Each report (Evidence list 4,5);

1. Investigation report (Evidence List 12);

【Risk of Sexual Crimes and Danger of Reoffending】

1. The following circumstances, which can be recognized by comprehensively taking account of the above evidence and the request for the attachment order of an electronic device, namely, ① the defendant has the record of having been sentenced to imprisonment due to the crime of indecent act by force, the crime of injury by force, and the crime of indecent act by force, ② the defendant repeatedly committed a sexual crime as stated in the judgment against the victims who include less than 13 years of age and less than 19 years of age, ③ the evaluation of the risk of sexual offenders against the defendant, ③ the total point 17 points as a result of the evaluation of the risk of sexual offenders against the defendant, and the total point 29 points as a result of the evaluation of the risk of recidivism against the defendant. It is recognized that the defendant’s age, character and behavior, occupation and environment, the background and behavior of the crime of this case, and the conduct before and after the crime are likely to recommit a sexual crime.

Application of Statutes

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

Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 13, the choice of imprisonment), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of children and juveniles, the choice of imprisonment), Article 298 of each Criminal Act

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Violation of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E with the largest penalty (an aggravated punishment of concurrent crimes with punishment prescribed in the crime of minor indecent act by force)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. The proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which have not been ordered to complete a program, and the proviso to Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the imposition of an order to complete a program pursuant to Article 9-2 (1) 4 of the Act on Probation

1. Order to disclose and notify;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 5 (1) 1, 3, and 4, Article 9 (1) 2, 3, and 9 (1) 2, 3, and 1) and (2) and Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders in Order to attach an electronic tracking device;

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor from March to 11 March; 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 against Victims E (minors under thirteen years of age);

[Determination of Punishment] Sex Offenses, General Standards, Sex Offenses against Age of 13, Type 3 (Indecent Act by Compulsion)

【Specially Maternal Person】 Mentally Maternal Person (no one shall be responsible for the principal) / Continuous and Maternal Crimes against Multiple Victims

[Scope of Recommendation] 6 years to 9 years (Aggravation)

(b) Concurrent crime 1: A crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims;

[Determination of Punishment] Sex Offenses, General Standards, Sex Offenses against Age of 13, Type 3 (Indecent Act by Compulsion)

【Specially Maternal Person】 Mentally Maternal Person (no one shall be responsible for the principal) / Continuous and Maternal Crimes against Multiple Victims

[Scope of Recommendation] 6 years to 9 years (Aggravation)

(c) Concurrent crimes 2: Offenses in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] A sex crime, general standard, crime of indecent act by compulsion (subject to the age of 13 or more), type 2 (a special indecent act by indecent act, such as intrusion upon residence by relative relation)

【Specially Maternal Person】 Mentally Maternal Person (no one shall be responsible for the principal) / Continuous and Maternal Crimes against Multiple Victims

[Scope of Recommendation] Imprisonment of 2 years and 8 months to 4 years and 8 months (Aggravation)

* descriptive standards: Juvenile indecent act by compulsion (including deceptive or indecent act by force)

(d) Scope of recommended sentences based on the standards for handling multiple crimes: Imprisonment with prison labor for up to six years up to 15 days;

3. Determination of sentence;

Considering the fact that the Defendant committed the instant crime against many victims, including less than 13 years of age and less than 19 years of age, and that the nature of the instant crime was poor, the Defendant again committed the instant crime despite the fact that he had been punished for the same kind of crime, the victims seem to have received considerable mental impulses, and the Defendant was unable to receive a letter from anyone among the victims, it is necessary to strictly punish the Defendant.

However, the defendant is a person with a disability in the third degree in the mental retardation, and the crime in this case is deemed to have been committed contingently in the state of mental disorder, and the defendant's age, character and conduct, health status, family relationship, means and result of the crime, etc., are considered in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct, health status, family relationship, means

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young

1) The lower limit is double as prescribed in the proviso of Article 9(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) and the Act on the Protection of Children and Juveniles against Sexual Abuse, since a sexual crime is committed against a person under the age of 19.

A person shall be appointed.