2018 Highis672, 2018 Highis25 (Joint), 2018 Highis1020 (Joint)

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years old);

Protection of minor indecent acts by compulsion) and specific criminal offenders

Violation of the Act on Observation and Electronic Monitoring, etc., Sexual Violence

Violation of the Act on Special Cases concerning Punishment, etc. of Crimes (Confidentiality, etc.)

2018 Before the filing of an order to attach 2014(combined)

Claimant

A

Woryoung (2018 Gohap672, 2018 Gogo 14), Yorna (2018 Gogo 25), Maok

(Court) 2018Gohap1020 (Courts), Kim Sung-won (Courts)

Law Firm (LLC) Dongin

Attorney Jeong Woo, Attorney Park Jong-soo, Counsel for the plaintiff

December 21, 2018

A defendant shall be punished by imprisonment for six years.

Information on the accused shall be disclosed and notified through an information and communications network for ten years (However, the summary of the sex offense disclosed and notified shall be limited to each crime listed in Decision 2018 Gohap672). The accused shall be subject to restriction on employment for ten years at child and juvenile-related institutions, etc.

The attachment of an electronic tracking device shall be ordered to the person requested to attach an electronic device for 15 years.

Matters to be observed in attached Form shall be imposed on the person requested to attach an attachment order.

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On November 25, 2005, the defendant and the respondent for an attachment order (hereinafter referred to as "defendants") were sentenced to a suspended sentence of one-year imprisonment with labor for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims (only 13 years of age) at the Seoul Central District Court, and on July 5, 201, the Seoul High Court issued an electronic device attachment order for three years, six months and seven years of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor rape, etc.) at the Seoul High Court, and completed the execution of the final sentence on August 15, 201. The defendant was subject to the attachment of personal information from August 15, 2014 to August 14, 2017.

【Criminal Facts】

“2018, 672

1. Crimes against the victim B;

A. From the end of April 2016 to May 2016, at around 17:00, the Defendant discovered the victim B (n, 8 years of age) in the “E near the D Elementary School located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “E”), left a horse, provided a scare and scare so that the victim unfeled the boundary, and scareed the victim’s body over knee, and kneed the victim’s body with both arms.

B. From the end of April 2016 to May 2016, at around 17:00, the Defendant discovered the victim in the “F apartment playground” in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, Seoul, knee and knee the victim, knee the victim, and forced the victim to commit an indecent act by deceiving the victim with his hand.

2. Crimes against victims G;

On April 17:00 at the end of 2016, the Defendant discovered the Victim G (Woo, 8 years old) in the vicinity of the F apartment playground, left the horse, made the Victim unfeled by providing the first kneth, let the Victim unfele, knee, knee, and forced the Victim to commit an indecent act by force.

3. Crimes against victims H;

At around 17:30 on May 10, 2016, the Defendant discovered the victim H (n and 8 years old) in the vicinity of the F apartment playground, provided a megath to a fat, and made the victim unfeasten, and knee and knee the victim kne, and committed an indecent act on the part of the victim by force.

4. Crimes against victims I;

At around 17:00 on May 2016, the Defendant discovered the victim I (the age of 9) in the vicinity of the F apartment playground, sited the victim on his knee and knee, hume the victim, hume the victim with kne, humfed the victim, and forced the victim to commit an indecent act by force.

[2018 A person who has an electronic tracking device installed shall not arbitrarily separate, damage, interfere with the dissemination of, or alter data received from his/her body during the period of attachment of the electronic device, or impair the utility thereof by any other means during which the electronic device is installed.

Nevertheless, the defendant is in the period of four days from September 23, 2016 to September 26, 2016 by probation officers.

On September 23, 2016, after obtaining permission to travel for injury to the country, temporarily separate the electronic tracking device prior to departure from the country on September 23, 2016, and refusing to attach the location tracking device by causing the unknown state of the location without returning on September 26, 2016, which is the scheduled date of returning, and thereby refusing to attach the electronic tracking device again, the location tracking device was not attached until the arrest warrant is executed after returning to the country.

Accordingly, the defendant has impaired the utility of the electronic device by arbitrarily separating the electronic device from his body during the period of location tracking electronic device attachment.

Where a person subject to registration of personal information submits basic personal information, he/she shall attend a police agency having jurisdiction over his/her domicile from the following year to December 31 of each year and have the head of a police agency keep and preserve his/her front, front, front, and front, front, and front, and front, and a telegraphic photo in electronic records.

Nevertheless, on December 23, 2015, the Defendant appeared at the Dongdaemun Police Station and taken photographs, and on September 23, 2016, left China on September 23, 2016, and failed to appear at the police station without justifiable grounds until he/she returned to Korea on June 15, 2018, and failed to comply with the regular photographing twice in 2016 and 2017.

【Fact of Grounds for Attachment】

In a situation where a criminal defendant has already been in the same kind of crime and has already been wearing an electronic tracking device for the same kind of crime, the defendant himself/herself is equal to two years and only two years have passed since the execution of the last sentence was completed, and the sex offender has been found to have committed a sexual crime on at least two occasions, and is likely to recommit a sexual crime in a similar situation, taking into account the method of crime and the status and career of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Records of each statement made by the victims;

1. Statement to J police officers;

1. A photograph of the suspected victim;

1. A report on internal investigation (verification at the site of occurrence), and a report on internal investigation (the fact that a person submits personal information on the person and the primary photographic fact);

1. Request to investigate (the list of evidence in cases No. 2018, No. 25); and

1. Previous convictions in judgment: Investigation report (registration of personal information of a suspect and confirmation of attachment of e-mails), investigation report (verification of suspect's same kind of power and period of repeated crime);

1. The risk of recidivism of a sexual crime as indicated in the judgment: The defendant may be deemed to pose a risk of repeating a sexual crime again in view of the defendant's age, character and conduct, environment, the background and method of committing the crime, the circumstances before and after the crime, as well as the following circumstances revealed by the evidence as seen earlier and a reply to the request

(1) On November 25, 2005, the Defendant was sentenced to a suspended sentence of two years, etc. for one year by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under the age of 13) at the Seoul Central District Court, and on July 5, 201, by the Seoul High Court, three years and six months by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under

② At the time of the instant case, the Defendant committed each of the instant indecent acts by compulsion after the completion of the last sentence, even though the Defendant attached the electronic device due to the instant crime. The Defendant committed each of the instant indecent acts by compulsion is very similar to the previous crimes.

③ In light of the fact that the results of the adult evaluation of the risk of recidivism against the Defendant is 'high', the investigator who conducted the investigation before the claim stated that the Defendant may be deemed to be 'high', and that the Defendant’s risk of recidivism may be deemed to be 'high', in consideration of the fact that the Defendant again caused sexual crimes in the state of attaching an electronic device, and that the investigator who conducted the investigation before the claim had repeated crimes of the same method.

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 act by force against minors under the age of 13), Articles 38(1) and 14(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, Article 50(3)3 and the main sentence of Article 43(4) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes (the occupation of failing to attend each police station, the choice of imprisonment, and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (However, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes within the limits of the proviso of Article 42 of the Criminal Act)

1. Aggravation of concurrent crimes;

The punishment prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts by Person under Age of 13) at the F apartment Emb with the largest victim B shall be aggravated within the limit of the proviso of Article 42 of the Criminal Act)

1. The proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Suspension of Order (the defendant is subject to an order to complete a program under Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and no order to complete a program may be issued concurrently

1. An order for disclosure and notification;

Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. Issuing an order to attach an electronic tracking device and matters to be observed;

1. Reasons for sentencing under Article 5(1)1, 2, 3, and 4, Article 9(1)2, Article 9-2(1)2, Article 9-2(1)3, and Article 9-4(1)4 of the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

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

(a) Crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13);

[Determination of Punishment] The factors to reduce crimes in the same repeated crime not falling under specific violent crimes of the same kind, special protective places where punishment is not granted to a person who is under the age of 13.

[Recommendation and Scope of Recommendation] Aggravation, 6-9 years of imprisonment

(b) A crime of violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.): No sentencing guidelines are set. The scope of recommendations according to the guidelines for handling multiple crimes;

Since the crimes on which the sentencing criteria are set and those on which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, they shall be based on the lower limit of the sentencing range in light of the sentencing criteria for each offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of indecent act by minors under thirteen years of age)

3. Determination of sentence;

The Defendant committed an indecent act against four female children who shall be socially protected in the course of committing a crime and establishing sexual identity and values. The victims who are 8 and 9 years of age due to the Defendant’s criminal act seem to have suffered considerable mental and physical pain. A sex offense against children who fall short of the ability to exercise the right to sexual self-determination, such as the victims, has a bad influence on the victims to form a sound sexual values and self-esteem. Therefore, more strict punishment is required.

In particular, even before preventing each of the crimes of this case, the Defendant committed an indecent act, such as committing an indecent act, around 204 to 2005, 200 children of 9,11 years of age, knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kne-kne-kne-kn-kne-kne-kn-kne-kn-kne-kn-k-k-k.

On the other hand, upon the commencement of the investigation into the Defendant, the Defendant escaped to China for about one year and nine months, and during that process, the Defendant voluntarily separated the electronic device from his body during the period of attachment of the electronic device and did not comply with the regular photographing even though he is a person subject to registration of personal information. Such circumstances are disadvantageous to

However, the defendant has returned home at the latest, and recognized and reflected his own crime.

The Defendant does not want the punishment of the Defendant by mutual agreement with the legal representatives of the victims of the instant indecent act. Such circumstances are considered as favorable to the Defendant. In full view of all other circumstances, the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and method of the crime, and the scope of recommended punishment according to the sentencing guidelines, shall be determined as set forth in the order.

Registration of Personal Information

In cases where a conviction on each crime in the judgment becomes final and conclusive, 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 authority pursuant to Article 43 of the same Act. The period of registration of personal information of the defendant is 20 years in accordance with Article 45(1)2 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the gravity of a sex crime which causes the registration of personal information, the degree of the possibility of criticism and the circumstances of concurrent crimes, etc. are considered as inappropriate. Therefore, the period of registration of personal information is not reduced

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

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place:

A person shall be appointed.