2015Gohap86 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Indecent Acts), A child

The violation of the Act on the Protection of Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means)

A (72 years, South Korea), Company Board

Yellow-gu (Court Prosecution) and Kim Un-young (Court Trial)

Law Firm Won, Attorney Choi Jong-hoon

August 28, 2015

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

Criminal facts

The Defendant is the representative of U.S. OENG located in Ulsan ○○○○, and the victim B (n.e., the age of 18) from October 24, 2014 to October 29 of the same month, the victim C (n.e., the age of 17) and the victim D (n.e., the age of 18) worked in the said DOEG from December 23, 201 to October 30 of the same month.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims B (Indecent Act by Compulsion);

A. On October 25, 2014: (a) around 00, the Defendant 16: (b) committed an indecent act by force against a juvenile, by putting the victim on the top of the steering room of a car driven by the Defendant from the office of the above DOENG to the place of residence of the victim located in Ulsan-gu, Ulsan-gu; and (c) by taking advantage of the serious gap in the victim’s hand, the Defendant committed an indecent act against the victim, who was a juvenile.

B. On October 27, 2014, the Defendant, at the above OEG office around 27:00 a.m., used the gaps in order for the victim to use facsimile machines, committed an indecent act against the victim, who is a juvenile, on his/her hand, by using the gaps in the victim’s seat.

C. On October 28, 2014, the Defendant, around 00: (a) committed an indecent act by force against a juvenile, by taking the victim’s hand by taking advantage of the gap in the victim’s hand among the victim, who was driving by the Defendant from the above DENG office to the YG office in the front of the car driven by the Defendant from the DENG office to the YG office in south, and by taking advantage of the difference in the victim’s hand.

라 . 피고인은 2014 . 10 . 29 . 09 : 00경 전남 목포시 하당남부로 106 소재 ▣▣ENG 현 장사무실 숙소 609호에서 피해자의 손을 잡고 강하게 끌어당겨 청소년인 피해자를 강 제로 추행하였다 .

2. Violation of the Act on the Protection of Children and Juveniles against Victims B (Indecent Acts such as Fraudulent Means).

A. On October 20, 2014: (a) around 00, the Defendant: (b) 16:00, on the top of a passenger car operated by the Defendant from the above DENG office to the place of residence of the person who is located in Ulsan-gu, Ulsan-gu; (c) had the victim take a seat of his/her employer to commit an indecent act against the victim by taking advantage of the victim’s employer on whether he/she could have an impact on whether he/she is employed or not; and (d) had the victim take advantage of his/her employment condition; and (e) had the victim taken advantage of his/her employer; and (e) had the victim taken advantage of his/her left hand; and (e) had the victim forced him/her to commit an indecent act by force, which is a juvenile.

나 . 피고인은 2014 . 10 . 28 . 19 : 00경 전남 목포시 소재 상호불상의 식당 앞에서 피고 인이 피해자의 고용주로서 고용 여부 및 고용 조건 등에 영향을 미칠 수 있는 지위에 있음을 이용하여 피해자를 추행하기로 마음먹고 피해자에게 ' 아빠에게 팔짱을 껴 달 라 . ' 는 취지로 말하여 피해자로 하여금 피고인과 팔짱을 끼도록 하여 위력으로 청소년 인 피해자를 강제로 추행하였다 .

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims C (Indecent Act by Compulsion).

A. On December 23, 2014, the Defendant, at around 00:0, committed an indecent act by force against a juvenile, by forcing the victim to take kisk and kisk away. The Defendant forced the victim to take kisk and kisk away.

B. On December 30, 2014, at around 19:00, the Defendant instructed the victim to leave the Magsan-gu Magdong-gu Magdong-gu Office, and committed an indecent act by force against the victim, who is a juvenile, on four occasions and two occasions with his left hand.

4. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims D (Indecent Act by Compulsion)

A. On December 30, 2014, the Defendant: around 30, 2014: (a) reported the victim’s book at the OEG office located in Ulsan-dong, Ulsan-gu, U.S., U.S., ○○○; and (b) forced the juvenile victim to commit an indecent act.

B. At around 17:00 on December 30, 2014, the Defendant: (a) reported that there was a victim on front of the busbus in Ulsan-dong defense Dong-dong, Ulsan-dong, and, (b) kiscing the victim, she was sexually sexually indecent if she kiscing the victim, but she did not sexually indecent act if she kiscing the victim; (c) on one hand, she was sexually indecent act if she kiscing the victim’s kis; and (d) was sexually indecent act if she kisced.

다 . 피고인은 2014 . 12 . 30 . 17 : 30경 울산 동구 □□□ 사무실에서 피해자에게 " 왜 한 번 안 해주냐 , 뽀뽀 한 번 해 주면 안 되냐 . " 라고 말하며 갑자기 피해자의 팔짱을 껴 청소년인 피해자를 강제로 추행하였다 .

D. On December 30, 2014, at around 18: 10, the Defendant committed an indecent act by force against the victim, who was going to move her from the OEG office located in Ulsan-dong, Ulsan-gu, U.S., U.S., on the following occasions: “A, A, A, A, and B, L, L, L, L, L, B, L, L, and B, on the inside and outside of the victim’s winter, h, B, L, L, C, and C, a juvenile, on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement by each police officer against B, C, D, and Park ○.

1. Investigation report (Attachment to the Kakao Stockholm dialogue), investigation report (the place where the crime is committed);

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 the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act.

of this Act, Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Cheong)

Indecent Acts by Juveniles, Selection of Imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [Article 4-4(d) of the Judgment with the most serious penalty

Aggravation of concurrent crimes with punishment prescribed in the crime against the Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion)

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

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. Exemption from disclosure orders and notification orders;

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 (Records)

The following circumstances, i.e., recognition of all crimes of this case by the Defendant:

(2) The degree of forced exercise and indecent conduct is minor; and (3) all victims and victims.

4. Registration and width of personal information in this case

Only in the course of the military force therapy can prevent the defendant from repeating the crime to a certain extent.

The defendant's age, occupation, family environment, social ties, and criminal records.

and the risk of recidivism, the benefits expected by the disclosure or notification order of this case, and the effects of prevention;

In full view of all the circumstances such as the department's disadvantage and side effects, the personal information of the defendant

It is deemed that there are special circumstances that the disclosure or notification shall not be made.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

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

A. Each offence in the holding

[Determination of Type] The crime of indecent act by force (subject to the age of 13 or above) on sexual crimes in the category 2

Indecent acts by compulsion (including indecent acts by deceptive means or by force) shall be included in two types, but the upper limit of the scope of sentence shall be limited.

and lower limit shall be reduced to 2/3)

[Special Escopic Persons] The exercise of the power to continuously and repeatedly commit a crime (aggravated factor) against a large number of victims is present

In a significantly weak case, if the degree of indecent act is weak, the court shall not impose punishment (a mitigated element).

[Scope of Recommendation] Six months to two years

(b) Application of standards for handling multiple crimes: One year to three years: Imprisonment (the upper limit of the punishment for basic crimes + the upper limit of the punishment for recommending concurrent crimes 1/2 + the upper limit of the punishment for recommending concurrent crimes 1/2 + the upper limit of the punishment for recommending concurrent crimes 2 + 1/3 of the upper limit of the punishment for recommending concurrent crimes, and the lower limit of the punishment for recommending basic crimes is lower than the lower limit of the punishment for the law, and thus, the lower limit of the punishment for the law applicable).

3. Determination of sentence;

The instant case is an indecent act committed by the Defendant against the minor victims in an occupational relationship, and its nature is very poor. Furthermore, considering the fact that it appears that the victims suffered from the first step in society, sexual humiliation and mental impulses that may have been caused by the instant case, and that the Defendant had had the record of criminal punishment for the same sexual crime even before the instant crime was committed, the Defendant’s liability for the crime is not easy.

However, considering the circumstances favorable to the defendant and the age, family relations, criminal records, character and conduct, environment, means and method of the crime, motive and background of the crime, circumstances after the crime of this case, etc., the punishment as ordered within the scope of the above sentencing guidelines shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant recognized all of the crimes of this case and reflects depth, the physical records mobilized for each of the crimes of this case and the degree of indecent acts are minor, and the victims and their legal representatives have been used jointly with the legal representatives of the victims and their legal representatives.

Registration of Personal Information

Where a conviction becomes final and conclusive on each 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The number of judges in the presiding judge

Judges Choi Jae-won

Judges Choi Min-young