2015Gohap155 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age)

Adult indecent act by compulsion) violation of the Child Welfare Act (child sex);

Sexual harassment, etc.)

A (48 years, South Korea), free of office

Kim Jong-Un (Court Prosecution) (Court of Justice) and Kim Un-young (Court of Justice)

Attorney Yoon Gyeong-hee (Korean National University)

September 11, 2015

Defendant shall be punished by a fine of KRW 15,00,00.

When the defendant does not pay the above fine, the defendant was converted to 100,000 won for the period of one day.

shall be confined in the station.

In order to order the provisional payment of an amount equivalent to the above fine.

To order the defendant to complete a sexual assault treatment program for 120 hours.

Facts of crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age);

On 2010, the Defendant shall do so in front of a Yeng-gu, Ulsan-gu ○○○○, Ulsan-gu, Ulsan-si, Ulsan-si.

The victim B (n, 10 years of age) who was returned to the school after completion of the school, shall be subject to the victim B (n, 10 years of age)

Badly, the victim shall be deemed to have been aground for the shoulder of the victim, and the victim shall be deemed to have been her driver while aground for the shoulder of the victim.

Madern.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

2. Violation of the Child Welfare Act (sexual harassment, etc. against a child);

on May 24, 2014: around 44, the Defendant: around Ulsan-si ○○○, and around the dedicated bus stops:

A. A. B. A. A. B. for a victim C (n. 12 years old), victim D (n. 12 years old), who returned to her home after she completed her course of study;

The victims have a bridge against the shoulder of the sear C on purpose and with the hands of the victim D, and the victim's bridge.

As a result, “bridges are unford,” and “the victim made a sense of sexual humiliation.”

As a result, the Defendant committed sexual harassment that causes a sense of sexual shame to the victims who are children, and sexual abuse.

An act was conducted.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act.

B. The former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014)

section 71(1)2, Article 17 Subparag. 4(a) of the Act on the Protection of Children’s Sexual Harassment, and each fine;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Aggravated concurrent crime resulting from a crime committed in violation of the Act on Special Cases concerning the Violation of the Punishment, etc. (Minor Indecent Act by Force)

1. Discretionary mitigation;

Articles 53 and 55(1)6 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete a program;

The Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012)

Article 4, the main text of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from disclosure order:

The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012)

Article 38 (Case 1 of the Judgment) and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse

Article 1 (Crime No. 2 of Judgment)

[The following circumstances acknowledged in the record, i.e., confession of all of the instant crimes

2. The defendant has no record of punishment for sex crimes; 3. The defendant has no record of punishment for sex crimes;

In the case of recommendations, a defendant to a certain extent only with the registration of personal information and participation in sexual assault treatment courses.

The defendant's age, occupation, or other fact that it appears to have an effect to prevent re-offending;

It is expected that the family environment, social ties, criminal records, and the risk of recidivism, and the disclosure order of this case.

in full view of all the circumstances such as profits and effects of prevention, disadvantages and side effects, etc.

There is a special reason not to disclose personal information of a deceased person

Reasons for sentencing

1. Scope of applicable sentences under law: Fines 1, 5 million won to 3, 7.5 million won;

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

As the fine has been selected, the sentencing criteria shall not apply.

3. Determination of sentence;

The crime of this case committed by the defendant by forcing the victim B who is a minor under the age of 13 to commit an indecent act;

The crime of sexual harassment against the victim C or D, who is a child of 12 years of age, is very poor, 10 years of age at the time.

The victims who were victims of the age from No. 12 years to No. 12 years of age have been fear and sexual humiliation for each of the crimes in this case.

(1) The victims of this case are deemed to have suffered from the victims of this case, and the victims of this case did not agree with the victims.

It is not possible for the defendant to commit a crime by the investigative agency, and to refuse to investigate before the judgment.

Considering the fact that there is a need for doubt as to whether the instant crime is against the truth, etc., the Defendant’s strictness

The punishment should be imposed on the punishment.

However, the defendant does not commit any of the crimes of this case in this court.

that the extent of the indecent act and sexual harassment is minor, that there is no criminal record of the same kind; and that there is no criminal record;

The defendant seems to have not developed a relatively old mental state, such as the fact that the deceased seems to have not developed a relatively old mental state.

The age, family relationship, criminal record, character and conduct, environment, and means of crime of a defendant's age, family relation, criminal record, and other circumstances favorable to him/her;

All the sentencing conditions shown in the argument of this case, including the method, motive and circumstance of the crime, and circumstances after the crime.

In consideration of the order, the punishment shall be determined as ordered.

Obligation to register and submit personal information;

When a conviction on each crime in the judgment becomes final and conclusive, the defendant is against the protection of children and juveniles against sexual abuse.

Article 3(1) of the Addenda to the Act (amended by Act No. 9765 of Jun. 9, 2009); the gender of the former child or juvenile

Article 33(1) of the Protection Act (Amended by Act No. 11047, Sep. 15, 201)

section 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (No. 2 of the Decision)

(C) A person who is subject to registration of personal information pursuant to paragraph (1) shall be subject to

Article 5(1) of the Addenda to the Act (Amended by Act No. 11556, Dec. 18, 2012); the wife of a sexual crime

Pursuant to Article 43 of the Act on Special Cases concerning Punishment, etc., it is obligated to submit new information to related agencies.

The number of new judges shall be the presiding judge.

Judges Maximum Commissioner;

Judges Choi Min-young

1) The offense No. 1 in the holding is subject to an order of disclosure, but is a crime committed before January 1, 201, and thus, the former Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the "Act on the Protection of Children and Juveniles against Sexual Abuse").

15. The crime No. 2 of the holding is not subject to an order of notification pursuant to the proviso of Article 1 of the Addenda to the Act No. 10260, but is a child or juvenile.

A disclosure order under Article 49(1)3 of the Act on the Protection of Sexual Abuse shall be deemed to fall under the category of a disclosure order under Article 50(1).

shall not constitute an award.