2018Gohap4 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

A

Dozboards (prosecutions) and enzymnas (public trials)

Attorney B (Korean National Assembly)

February 14, 2018

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall order each other to take a 40-hour course for sexual assault treatment and provide community service for 80-hour hours.

Punishment of the crime

On September 29, 2017, around 15:57, the Defendant 15:57, at the subway line 1 subway line D, located in Jung-gu Seoul Metropolitan Government, changed the victim F (n, 14 years old), f (n, 14 years old) coming from the entrance ahead of the entrance, as male-gu, and changed the victim's hand, and changed the victim's right chest with one hand while making the victim's hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. A written statement of the G production;

Judgment on the defendant's defense counsel's assertion

1. Summary of the assertion

The defendant did not have the perception that the victim was a minor because the victim was a minor because the victim was satisfed and was satched with the head color.

2. Determination

In light of the fact that the defendant stated in the prosecutor that he was a middle and high school student or a high school student the chest of the victim who appears to be a minor (Evidence Records 68 pages), it appears that he was aware of the fact that the victim was a middle and high school student at the time of committing the crime, and even according to the key and body of the victim's photograph confirmed by the victim's pictures bound at the end of the protocol, it appears that the defendant knew of the fact that he was a minor or was aware that he was a minor, so the defendant's intent of indecent act by compulsion against the juvenile can be sufficiently recognized. Accordingly, the defendant's defense is not accepted.

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Discretionary mitigation;

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 or order to provide community service;

The main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from an order for disclosure and notification;

In full view of all the circumstances, including 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 (the defendant has no record of criminal punishment prior to the crime of this case, and thus it is difficult to deem that there is a risk of recidivism against the defendant, and the defendant is also likely to have the effect of preventing recidivism by taking lectures in the registration of personal information against the defendant and the taking lectures in the treatment of sexual assault against him/her, and the effect of preventing sexual crimes that may be achieved by the order of disclosure or notification is relatively little, compared to the disadvantages and anticipated side effects that the defendant suffers, etc. due to the order of disclosure or notification.

1. Reasons for sentencing: Imprisonment with prison labor for a period of up to 15 years;

2. Scope of recommendations according to the sentencing criteria;

[Scope of Recommendation] The general standards for sex crimes 1. (b) The crimes of indecent act by compulsion (subject to 13 years of age or older) type 2.

* Juvenile indecent act by compulsion is included in the category 2, but the upper and lower limit of the scope of sentence shall be reduced to 2/3 (special sponsor), and where the exercise of tangible power is considerably weak (requirements for mitigation).

[Scope of Recommendation] Reduction Area, one year to two years of imprisonment

3. The crime of this case committed by the Defendant, an adult whose sexual values have not been fully established, is an indecent act committed against the victim who is a juvenile at a public place, and the nature of the crime is not good. Accordingly, the victim appears to have suffered considerable sexual humiliation and mental suffering. Such circumstances are disadvantageous to the Defendant.

However, the defendants recognize all facts charged, repent and reflect their mistakes.

Defendant has no record of criminal punishment in addition to a fine of KRW 100,000 prior to 30 years, and appears to have committed the instant crime somewhat contingently. The Defendant voluntarily admitted a homeless person to a rehabilitation shelter and prepares for rehabilitation by participating in rehabilitation programs, such as alcohol recovery support and mental health support. Such circumstances are favorable to the Defendant.

In addition, considering the health conditions of the defendant, such as alcohol dependence, urology, etc., age and character, environment, motive and circumstance of the crime, means and result of the crime, various sentencing conditions shown in the trial process of this case, such as the defendant's alcohol dependence, urology, etc., the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information, 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 is obligated to submit personal information to the competent agency in accordance with Article 43

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;