2019 Highly 95 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Children and Juveniles

Violation of the Act on the Protection of Sexual Abuse

A

Hand-time (prosecution) and secondhand trial (public trial)

Attorney Lee Jong-hoon (Korean)

May 15, 2019

A defendant shall be punished by imprisonment for two years.

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

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

Criminal facts

The defendant is between the victim C (n, 17 years of age) and his/her knowledge in the festival B.

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

Defendant,

A. On February 4, 2018, at the subway E Station platform located in Gwangjin-gu Seoul Special Metropolitan City, at around 22:00, the victim was found to have been unsatisfed while waiting for the moving vehicle with the victim, while waiting for the moving vehicle, and the victim was satisfed by inserting his hand inside the victim’s hand, and the victim’s chests and booms the chests of the victim.

B. On February 5, 2018, from around 17:00 to 18:00, the victim was suffering from 'brupted' at the first floor Goman bank of the first floor of the F building in Dongjak-gu Seoul Metropolitan Government. The victim was suffering from 10 minutes of 10 minutes of crush, and the victim was frupted by her hand by her hand while driving the victim's chest with the victim's brush in a brush manner.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile on two occasions by taking advantage of the victim's mental disorder or non-fluence.

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

피고인은 2018. 2. 6. 17:00 경부터 18:00경까지 사이에 제1. 나.항 기재 G노래방에서 피고인의 추행을 의심하고 있던 피해자가 다시 잠을 자는 척 하자 피해자가 잠들었다고 판단하고 피해자의 스웨터 안으로 손을 넣어 가슴 부위와 유두를 만지고 스웨터를 걷어 올린 다음 피해자의 가슴 부위를 혀로 핥다가 입으로 피해자의 유두를 빨고, 피해자의 바지 안으로 손을 집어넣어 피해자의 음부 부위를 만지다가 피해자의 음부 안에 손가락을 삽입하여 넣었다 뺐다를 반복하였다.

As a result, the Defendant inserted the fingers into the part of the victim's sound by taking advantage of the victim's mental or physical condition of the victim's mental or impossible failure to resist, but was attempted by the victim's wind.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Stenographic records or video CDs (the original and duplicate thereof);

Application of Statutes

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

Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 299 and 298 of the Criminal Act (the occupation of indecent act by force against children and juveniles, the choice of imprisonment), Article 7(6), (4), and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the attempted rape by force against children and juveniles)

1. Statutory mitigation;

The proviso to Article 27 and Article 55(1)3 of the Criminal Act (the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse due to the attempted quasi-Rape is an impossible attempted crime)

1. Aggravation of concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, on February 5, 2018, with the largest penalty, shall be aggravated, but the lowest penalty shall be determined by the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse due to the attempted quasi-Rape.

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. 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, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018) requires careful attention as it may have a significant impact on the Defendant. It is difficult to conclude that the Defendant has no record of criminal punishment in the past, and that there is a sexual assault and danger of recidivism. In light of the Defendant’s age, occupation, character, family relationship, social relationship, details and circumstance of the instant crime, and relationship with the victim, etc., the disclosure and effect of employment restriction order should not be given to any special circumstances.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to twenty-two years; and

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

(a) Crimes of subparagraphs 1 and 2: Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Kind] General Standard on the Crime of Indecent Act by Compulsion (subject to 13 or more years of age) Case 2 (Indecent act by force, such as by force or by force, by force or by force, etc. according to relatives relation)

【Special Convicted Persons】 Members not subject to punishment

[Scope of Recommendation] Reduction Area, one year to two years of imprisonment (in case of indecent act by compulsion by juveniles, it is included in Type 2, but the upper limit and lower limit of one year and six years to three years, which are the scope of sentence, shall be reduced to 2/3)

(b) Third offense: The sentencing criteria shall not apply to an attempted crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse due to an attempted quasi-Rape;

(c) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year and three months (the crimes for which the sentencing criteria are set and the crimes for which no sentencing criteria are set are concurrent crimes under the former part of Article 37 of the Criminal Act, so that only the lower limit of the range of recommending punishment for the crimes for which the sentencing criteria are set shall be observed, but

3. Determination of sentence;

The crime of this case is committed against the victim who was in close friendship by the defendant and tried to commit an indecent act and similar act against the victim, which is the state of mental disorder or non-satisfying. Since the nature and circumstances of the crime are not considerably good, and the victim who was in the period of development of Korea has been suffering from difficult pain and shock to cure mentally. Thus, the defendant's liability for the crime of this case is not weak.

However, in light of all other circumstances, such as the Defendant’s age, character and conduct, environment, details and result of the crime, circumstances after the crime, etc., the sentencing conditions indicated in the record shall be determined as ordered in consideration of the following factors: (a) the Defendant has committed a confession of the crime in this case; (b) the Defendant has no means to punish the Defendant; and (c) the victim has no means to punish the Defendant by mutual consent with the victim; and

Where a conviction becomes final and conclusive on each criminal fact on the judgment that is a sex offense subject to registration and submission of personal information, 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

The presiding judge, the Gimology judge

Judge Lee Sung-sung

Judges Lee private-young