2016Gohap64 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (livering deceptive means, etc.)

A person shall be appointed.

Court Decision 201Hun-Ba414 decided May 1, 201

Attorney B (Korean National Assembly)

August 26, 2016

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Criminal facts

From February 2014, the Defendant is a person living together with D in Seo-gu, Seo-gu, Seo-gu, Seo-si, and the victim E (the age of 16 at the time of the instant case) is a father of the said D.

On June 2015, 2015, the Defendant: (a) Doese D’s father’s father’s mother in Daegu East-gu, Daegu-gu, with D and with the victim, drinked D, first, Doese D and her finger by inserting her finger in the jackets of the victim who was in the same room; (b) the victim her hand, her hand, and (c) the victim her hand, and (d) her was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually rape.

Accordingly, the defendant, by force, raped a juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (to attach a record of video recording and recording for victims E);

1. An expert opinion on the victim's oral statement or analysis of his/her own picture, stenographic record, statement of a suspect, and an expert opinion on statement or analysis of the victim;

Application of Statutes

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

Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Order to complete programs;

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 (the defendant has no record of punishment for a sexual crime).

In full view of the fact that it is difficult to readily conclude that the registration of personal information of a 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, inasmuch as the defendant constitutes 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, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, inasmuch as the registration of personal information of a defendant is finally affirmed, inasmuch as the defendant is likely to have secondary damage to the victim during the process of disclosing and notifying personal information of the defendant, the sentence of the defendant's punishment and the completion of sexual assault treatment programs alone can expect

1. Reasons for sentencing: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Type] 2: Rape (Rape by Relatives / Residence Rape / Special Rape)

[Special Convicted Persons] A mitigated Persons: A person who is not subject to punishment

[Scope of Recommendation] Imprisonment with prison labor of three years to five years;

3. Determination of sentence: The crime of this case for three years by imprisonment is deemed to have been committed by the defendant by force against the victim, who is a woman living together (the age of 16 at the time of the instant case). The victim, who is emotionally sensitive due to the above crime by the defendant, appears to have been highly shocked by mental disorder. Nevertheless, at the time of investigation by the investigative agency, the defendant asserted that he had sexual intercourse with the victim’s suspicion and consent at the time of investigation by the investigative agency, and denied his responsibility, and exceeded his responsibility, and thus, the sentence of sentence is inevitable.

However, the defendant made a confession of the crime of this case late from this court, and the fact that the defendant has no record of sexual violence is favorable to the defendant.

In addition, all the sentencing factors specified in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, health status, and circumstances before and after the crime, shall be determined as ordered.

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

Judges Lee Jae-soo

Judges Gucheon-man

Judges Lee Jong-young