2017Gohap658 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

Bags (prosecutions) and semi-satisfys (public trial)

Attorney B (Korean National Assembly)

August 25, 2017

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Criminal facts

The defendant is the head of the 'D cafeteria' branch of the 'D 1st floor underground of the building located in Jung-gu Seoul Metropolitan Government, and the victim E (n, 17 years old) is the student who takes part in the above business at the end of the week.

Defendant,

1. At around 10:50 on May 6, 2017, attaching the victim's face to the victim's face by hand with the victim's own hand while putting the victim's face at the above establishment at around 10:50 on May 6, 2017, and then placing the victim's face close to the defendant's face as if the victim's face would fit

2. On May 7, 2017, around 19:51 on May 7, 201, the victim was given daily wage to the victim at the above establishment, and then the victim’s am and am and am and am were made twice with the victim’s am and am and am.

Accordingly, the defendant committed indecent acts against the victim two times by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (verification of CCTV of a business establishment);

1. CCTV and video CDs installed at a crime place;

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. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse of Children and Juveniles from May 7, 2017)

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;

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

1. Taking full account of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: (b) it is difficult to readily conclude that the Defendant has no record of punishment for a sexual crime before the instant crime was committed; (c) the Defendant’s personal information registration against the Defendant and taking lectures in the sexual assault treatment course alone appears to have the effect of preventing recidivism; and (d) the effect of preventing sexual crimes, which may be achieved by the disclosure order and the notification order, might be relatively less than the disadvantages and anticipated side effects that the Defendant would suffer, can be achieved by the disclosure order and the notification order, deeming that there are special circumstances where

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for a year to June 22; and

2. Scope of recommendations according to the sentencing criteria;

[Scope of Recommendation] General Standard of Indecent Act by Indecent Act by Force (Indecent Act by Force, such as Indecent Act by Force by Force by Force by Force by Force on the part of Relatives)

* Form : Juvenile indecent act by compulsion shall be included in Category 2, but the upper and lower limit of the range of sentence shall be reduced by 2/3.

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

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

3. Determination of sentence;

The crime of this case is committed by the Defendant as a manager in the workplace and committed an indecent act on two occasions against the victim who is a juvenile part-time student, and is not good in the nature of the crime. In addition, the victim, who is a juvenile, appears to have caused considerable mental shock or sexual humiliation due to the instant case. Such circumstances are disadvantageous to the Defendant.

However, under the circumstances favorable to the defendant, the defendant has no record of punishment for the same kind of crime, and is against the fact that he commits an indecent act by the defendant, the degree of the indecent act committed by the defendant is relatively not more severe, and the victim does not want the punishment against the defendant by mutual consent with the victim. Other factors such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and circumstances after the crime are considered as favorable to the defendant. In addition, the punishment as set forth in the disposition shall be determined

Registration of Personal Information

Where a conviction becomes final and conclusive on each crime subject to registration of a sex crime, 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;