2017Gohap536 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( sex purchase, etc.)

Indecent Act by compulsion of minors

A

Bags (prosecutions) and semi-satisfys (public trial)

Attorney B (Korean National Assembly)

July 14, 2017

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is ordered to take lectures to prevent sexual traffic for 40 hours and provide community service for 80 hours.

Punishment of the crime

At around 11:00 on January 29, 2017, the Defendant promised to engage in commercial sex acts with the victim D (the victim D, 10 years of age, 10) and the victim D (the name of the victim) known through the mobile phone c, “C”, and had the victim take the above victim from the toilet of G building located adjacent to the same Gu F at the community service center located in Suwon-si, Suwon-si, at around 12:40 on the same day, and corrected the victim at around 12:55 on the same day, the Defendant paid the victim KRW 60,00,00,000 to the victim and brought the victim out of his and her clothes, and had the victim dance with the victim’s admission.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age, and at the same time, purchased the victim's sex.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. A report on the analysis of digital evidence;

1. Investigation report (Attachment to On-the-spot photographs), investigation report (CCTV investigation);

Application of Statutes

1. Article applicable to criminal facts;

Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing child or juvenile sex), Articles 305 and 298 of the Criminal Act (the occupation of indecent acts by force of minors)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. with more severe punishment)

1. Selection of punishment;

Imprisonment Selection

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. Order for community service and education;

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

1. 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 (the fact that the defendant had no record of criminal punishment for a sex offense before, and thus, it is difficult to readily conclude that the defendant has a risk of repeating a sex offense, the registration of personal information and an order to attend a lecture against the defendant seems to have the effect of preventing recidivism, and the effect of preventing a sexual crime that may be achieved by such order compared to the disadvantage that the defendant suffers and anticipated side effects as a result of the disclosure order and the order to attend a lecture seems to be relatively little. In addition, considering all the circumstances such as the defendant's age, occupation, home environment, social relationship, and motive, means, and consequence of the instant crime, there are special circumstances where the disclosure and notification of personal information may not be disclosed or notified).

Reasons for sentencing

1. Scope of applicable sentences under law: Six months to five years; and

2. The sentencing criteria are not applicable to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) and the crimes of indecent act by compulsion of minors as stated in the judgment on the application of the sentencing criteria.

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;

Although the Defendant, as an adult, has a social responsibility to protect juveniles so that they can have a sound sexual values and to lead them to a correct way, it is not good to commit the instant crime by purchasing and indecent acts against the victims of children and juveniles who are merely ten years of age. In addition, the Defendant’s crime of this case has a significant negative impact on the formation of a sound sexual values of the victims in the future, and has an adverse effect on the establishment of a sound sexual culture in our society. Such a circumstance is unfavorable to the Defendant.

However, the Defendant appears to have recognized and reflected his mistake, and the Defendant has no record of criminal punishment of the same kind or imprisonment or heavier before committing the instant crime, etc. shall be considered as favorable to the Defendant. In addition, the Defendant shall comprehensively take into account the Defendant’s age, character, character, environment, family relationship, motive and circumstance of the instant crime, means and consequence, and the circumstances before and after the instant crime, etc., and determine the sentence as ordered, taking into account the various factors of sentencing,

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, 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 shall be changed.

Judges Tae-young

Judicial Chief Judge;