2017Gohap727 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

Han Jin-hee (prosecution), Lee Dong-won (public trial)

Law Firm B, Attorney C

October 27, 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 becomes final and conclusive.

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

Criminal facts

On May 8, 2017, around 07:10 on May 8, 2017, the Defendant committed an indecent act by force against the victim E (A-3) who is a child or juvenile, by her own hand, suffering from her uniforms and 17 years of age at the vicinity of the A-3 entrance of the Seoul Special Metropolitan City D market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Each CCTV image data, on-site photographs, moving routes of suspects, and marks of credit cards;

1. Investigation report (to attach an appearance of a suspect, on-site CCTV, residence specific, and purchase receipt);

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. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent consideration of favorable circumstances among the reasons for sentencing below)

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. In light of 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 (in light of the fact that the defendant's act of committing his/her offense is divided and reflected, the defendant's age, occupation, family environment, social relationship, etc. recognized in the record that the registration of personal information of the defendant against the defendant and participation in sexual assault treatment can only be seen as having an effect to prevent recidivism, it shall be deemed that the defendant's personal information should not be disclosed and notified);

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, 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 thus is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. Scope of applicable sentences: Imprisonment for one year to 15 years; and

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

[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 Sentencing] Disapproval of Punishment (Discretionary Elements)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment with prison labor, one year - two years 1)

3. Determination of sentence: Imprisonment with prison labor for one year and two years; and

The Defendant, who is a child or juvenile under 17 years of age, suffering from school uniforms, was her her her bm, her her her bm, and her her her her bm, thereby causing severe sexual humiliation. As a result, the victim her bm her her bm, thereby causing severe sexual humiliation. The Defendant committed a crime involving female students’ her chests in 2012 (at that time, her 17 years of age), and was subject to conditional suspension of indictment.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and speaks against the defendant, the fact that the defendant did not have any record of severe punishment except that sentenced to a fine for a crime of violation of the Road Traffic Act (driving) one time, the defendant agreed with the victim's father and the victim's additional punishment, and the victim seems not to want the punishment of the defendant, shall be considered as favorable to the defendant. In addition, the defendant's age, character and behavior, family relation, motive and circumstance of the crime of this case, and circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order.

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul

1) Juvenile indecent act by compulsion is included in the category 2, and the upper and lower limit of the scope of sentence shall be reduced to 2/3, respectively.