2018Gohap1176 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

A

The order of prosecution, the seating capacity, and the trial shall be held.

Law Firm Tae-hwan

Attorney Kim Hyun-soo

May 17, 2019

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

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

Criminal facts

On January 21, 2018, the Defendant first known the victim B (the name, leisure, and 17 years of age) through mobile phone hosting c, and came to talk with each other. On January 21, 2018, around D University located in Dongjak-gu Seoul Metropolitan Government, the Defendant sought the victim's care or its surrounding areas, and made the victim look at at the Defendant's house located in Dongjak-gu Seoul E and F on the same day. At around 12:20 days from the same day, the Defendant was able to look at the victim's film by making recommendations to the victim on the file lease.

During that period, the defendant was placed on the bridge of the victim's own victim's side, "I will not see the victim's chest, I will see it? I will see my face in the victim's chest, she will write off the victim's ear, bucks, and bucks. I will see the victim's chest, she will see the victim's ear, bucks, and bucks. I will see that "I will see the victim's chest........................................... she again refused it, she w off the part of the victim's chest with his hand and her finger, and she again rhd the victim's breast with his hand, and thod the victim reported to the police." However, she was able to use the part of the victim's son.

Accordingly, the defendant committed an indecent act by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Mobile phone pictures, maps, and the victim's picture;

1. 112Report settlement statement;

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, Selection of Fines

1. Detention in a workhouse;

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

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. An order of disclosure and notification, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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. 15452, Jan. 16, 2018); Article 56(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) appears to have the effect of preventing recidivism by only registering personal information of the accused and completing a program to treat sexual violence against him/her, and other circumstances such as the degree of disadvantage and anticipated side effects that the accused may suffer and the accused’s age, family environment, social relationship, motive, and result of the instant crime.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under law: Fines of 10,000,000 to 30,000,000;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply because of the choice of fines.

3. Determination of sentence: Fines of 10,000,000 won;

The crime of this case is an indecent act committed against the victim's chest, etc., even though the defendant was aware that the victim was a juvenile of the third grade of high school, and the crime is not good. The victim is determined to have received a considerable sexual humiliation and mental impulse.

However, the Defendant has no record of criminal punishment, and is in profoundly against his or her mistake. The type of force or the degree of indecent act committed by the Defendant is not significant. The victim does not want the punishment by mutual consent with the victim. The Defendant appears to have faithfully committed school life during the period of time. Considering such circumstance favorable to the Defendant, the Defendant’s circumstances are considered as follows: (a) taking into account the circumstances favorable to the Defendant; and (b) taking into account various sentencing conditions in the trial process of this case, such as character, conduct, family relationship, motive, means and consequence of the

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The presiding judge and the deputy judge;

For judges:

Judges Gangseo-gu