2013Gohap1105 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age)

Minor Indecent Acts by compulsion), Protection of Children and Juveniles against Sexual Abuse

Violation of the Act (Indecent Act by compulsion), indecent act by compulsion, and automobile pipes;

violation of law

2013. Consolidated order for attachment

Claimant

A

Kim Young-young (prosecution), Jin-young (Trial)

Law Firm B, Attorney C

April 11, 2014

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

To order the accused to be put on probation for three years and to take lectures for the treatment of sexual assault for 80 hours.

The claim for the attachment order of the location tracking device of this case is dismissed.

Criminal facts

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

A. On September 11, 2013, at around 17:24, the Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) discovered the victim F (the age of 13) who made telephone conversations with the phone number plate 100 occined in the middle-gu Seoul Metropolitan Government Do, putting the phone number plate into a 100 occin, and put them into telephone with the occin, and led the victim to force the victim to commit indecent acts by force. The Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) committed an indecent act by force against the victim, who is a child or juvenile, by inserting the phone number plate into the occina in Seoul Central-gu D.

B. On September 11, 2013, at around 17:27, the Defendant: (a) discovered the said F from the frontway of the loan located in the foregoing D; (b) committed an indecent act by force against the victim, who is a child or juvenile, by driving the Otoba in a manner that finds the victim G (the age of 13); and (c) driving the Otoba in a manner that prevents the victim from driving the above Obaca, thereby blocking the victim’s breast at his own expense; and (d) by forcing the victim to commit an indecent act against the victim.

C. On September 13, 2013, around 16:48, the Defendant: (a) discovered the victim I (the age of 16) who used and frighted in the front side of the Seoul Jung-gu H, Jung-gu, Seoul; and (b) committed an indecent act by force against the victim, who is a child or juvenile, by driving the above Ortop with a vinyl attached with a stoke, with a stoke, with a stoke, putting the stoke in the side of the victim; and (c) holding the stoke in the stoke of the victim; and (d) holding the stoke in the stop of the victim; and (d) committing an indecent act by force against the victim, who is a child or juvenile.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or indecent act);

On September 11, 2013, the Defendant 18:30, on the front side of the building located in theJ of Nowon-gu in Seoul Special Metropolitan City, loaded the number plate with a vinyl 100 occin, and entered the above building south/public toilet depending on the victim K (inf., 12 years of age) and her friendship with the victim to discover their friendships and to force indecent acts. The Defendant, at the second floor toilet of the above building, entered the victim’s friendship and opened the entrance door outside the toilet with the victim’s friendship outside the toilet, and committed an indecent act by force against the victim under 13 years of age.

3. Indecent acts by compulsion;

On September 14, 2013, at around 10:10, the Defendant discovered the victim M (the 20-year old age), standing in front of the Seoul Jung-gu Lane, and forced the victim to commit indecent act by compulsion. On September 14, 2013, the Defendant driven a vinyl by putting it into a fluorar and putting the number plate into a fluorial speed where the fluor board is put into a fluor, and the Defendant forced the victim to commit indecent act by force.

4. Violation of the Automobile Management Act;

No one shall cover a registration number plate nor make it illegible, and such a motor vehicle shall not be operated. Nevertheless, the defendant, at the time and place mentioned in the above 1, 2, and 3, carried a white or a verification plastic plate in Eti 100, and operated it.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of K, F, G, and I recorded in each video CD;

1. Statement concerning M prepared by the police;

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, Article 298 of the Criminal Act, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 81(1)2 and Article 10(5) of the Motor Vehicle Management Act (the violation of Motor Vehicle Management Act, the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment (aggravated Indecent Acts by Minor under Fifteen Years of Age))

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

1. There is a special circumstance in which the disclosure or notification of personal information of the accused may not be made, on the grounds that there is no record that the accused has been punished for a sexual crime, the exercise of force in the judgment, and the degree of indecent act is relatively minor, and in this case, personal information registration, participation in the treatment of sexual assault, and probation are likely to have an effect to prevent recidivism to a certain extent, and that such disclosure or notification may not be made, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the accused;

Registration of Personal Information

Where a conviction becomes final and conclusive on each of the crimes in Article 1, 2, and 3 of the judgment, the accused 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 accused is obligated to submit personal information to the competent agency pursuant

Reasons for sentencing

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

2. Application of the sentencing criteria;

(a) Basic crime (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by force);

[Determination of Punishment] Sex Offenses, General Standards, Sex Offenses against the Age of 13, Type 3 (Indecent Act by Compulsions)

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

[General Sentencing] Reduction element: Serious reflect

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 5 years of imprisonment

(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] Sex Offenses, General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older) and Type 2 (Indecent Act by Forced Juvenile)

[Special Emotional Persons] Mitigations: Where the exercise of tangible power is significantly weak;

[General Sentencing] Reduction element: Serious reflect

Aggravations: In the case of crimes against juveniles

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

(c) Concurrent crimes;

[Determination of Punishment] Sex Offenses, General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older), Type 1 (General Indecent Act by Compulsion)

[Special Emotionals] Mitigations: Where the exercise of tangible power is significantly weak, the elements of non-competence of punishment: continuous and repeated crimes committed against many victims.

[General Sentencing] Reduction element: Serious reflect

[Decision of the Recommendation Area] Reduction Area, Imprisonment not exceeding one year;

(d) Concurrent crimes: Fixing of the sentencing criteria not;

(e) Aggravation of multiple offenses: Imprisonment for not less than two years and six months; and

3. Determination of sentence: Three years of imprisonment and a stay of execution; and

In light of the fact that the Defendant repeated the indecent act against many unspecified victims in a similar way within a short time, and most of the crimes against children and juveniles at the stage of establishing sexual identity and values, the Defendant’s criminal intent is not good.

However, in light of the fact that the defendant confessions the crime and seriously reflects the defendant, the victim K and M does not want the punishment of the defendant in the case of the victim K and M, the fact that there is no previous charge, the exercise of tangible power or the degree of indecent act is not strong, etc., it is reasonable to take corrective measures within society so that the execution of the punishment is suspended only once more than is isolated from society for a long time after the sentence of the defendant is sentenced, but not by taking probation and taking lectures of sexual assault therapy.

Since it is judged, it is so decided as per Disposition.

Judgment on the request for attachment order of location tracking device

1. Summary of the request for attachment order;

Pursuant to Article 5 (1) 4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter referred to as the "Act"), a prosecutor requested an attachment order of an electronic tracking device against a person under 19 years of age as stated in the judgment of the person subject to the attachment order, on the ground that the person under 19 years of age has committed a sexual crime and is likely to recommit a sexual crime.

2. Determination

Since the suspension of execution is imposed on the specific crime case of this case against the person for whom the attachment order was requested, the request for the attachment order of this case is dismissed pursuant to Article 9(4)4 of the Act.

The presiding judge shall be a judge.

Judges Kim Gung-sung

Judge Freeboard