2012Gohap1104 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

2012 Gohap1164 (Joints) Acquisition of stolens

2013Gohap56 (Joint Operation) Violation of the Road Traffic Act (Unlicensed Operation)

2014Gohap541 (Consolidation) Special larceny

Embezzlement of possessory stolens

Illegal uttering of Official Document

Forgery of private documents.

Uttering of Fact-Finding Documents

A person shall be appointed.

Kadong-dong, Kim Jong-kon, Kim Jong-kwan, Kim Jong-kon (prosecutions) and Worn-kick (Trial)

Attorney B (Korean National Assembly)

October 1, 2014

A defendant shall be punished by imprisonment for a maximum term of four years, a short term of three years, and a fine of three hundred thousand won.

Where the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into the days.

30,000 won from the sale price of one seized Oral Ba shall be delivered to the injured party's name.

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

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Facts of crime

“2012 Gohap1104

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.);

On July 21, 2011, 20: 30, the Defendant, at the house of the victim D, who is a juvenile of the C Apartment 115 dong 1102 and 1102, was frightened with E, with E, while playing together with E, in a ward, with E, with the victim’s room. The Defendant had had sexual intercourse with the victim. Following the victim’s visit, the Defendant forced the victim to take over both descendants of the victim who was frightened and panty of the victim, and forced the victim to take off and fright of the victim, and prevented the victim from taking off, and inserted his sexual organ into the victim’s sexual organ.

Accordingly, the defendant raped a female juvenile victim.

2012 Highest 1164

2. Acquisition of stolen property:

On April 2012, the Defendant acquired the victim’s name wing wing wing Co., Ltd., which was the owner of the victim’s name wing wing Co., Ltd., which was stolen from F in front of the “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

3. Violation of the Road Traffic Act (Unlicensed Driving).

At the date stated in Paragraph 2, the Defendant driven approximately 10 km from the front of the 'Mab Kimcheon-ro' Kim Jongcheon-ro, as stated in Paragraph 2, to the front day of the 'Yacheon-do, Busan'-do, Busan-do 8-dong' game road.

2013, 56 "

4. Special larceny;

On April 26, 2012: around 00, the Defendant conspiredd with G to detect and steal 125cc c, the market price of the victim H, which is 1,800,000,000 won or more, from the 326 - 47 front of the Geum-dong, Geum-gu, Busan, F, with G, by sticking the key in advance at the kisp, and the Defendant driven the above kis by driving it.

Accordingly, the defendant stolen the above Oral Ba together with G.

5. Violation of the Road Traffic Act (Unlicensed Driving).

(a) A crime on April 26, 2012;

The defendant, without a motorcycle driver's license, driven the above 3 km from the date and place stated in paragraph (4) to the road near Busan Educational University located in the Domindong-gu Busan Educational University.

(b) A crime on May 1, 2012;

On May 19, 2012 without a motorcycle driver's license, the Defendant driven the above Obaba on the front side of the Busan Educational University located in the Busan Educational University, Busan, with approximately KRW 8km from the front side of the urban railroad located in the Northern-dong, Busan, to the front side of the urban railroad located in the north-gu, Busan.

2014Gohap5411. 6. Possession Embezzlements

On February 2014, the Defendant acquired a copy of the driver’s license of a motor vehicle owned by the victim before the hybrid club located in the Seocho-gu Busan Metropolitan City, 00.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

7. Illegal holding of official documents;

On March 22, 2014: around 45, the Defendant presented an automobile driver's license under the name of the Commissioner of the Busan Local Police Agency, which is a public document obtained as stated in Paragraph 6, in the name of the head of the Busan Local Police Agency, for the purpose of borrowing a vehicle at the New Busan East-dong Office, 3 Dong 62-4, 62-4, in order to borrow a vehicle.

Accordingly, the defendant denied official documents.

8. Forgery of private documents and the display of private documents;

(a) A crime on March 22, 2014;

The Defendant, at the time, at the time and place specified in paragraph (7) as stated in paragraph (6), in the name column of the automobile rental contract using the I driver's license of the vehicle acquired, and using the inspection pen, “...., the address column, J apartment 102 Dong 1805, J apartment 102, Busan, J apartment 1805,” and “....., the Defendant stated “I” in the name column of the lessee at the bottom of the contract and signed “I” in the resident registration number column.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the car lease agreement in the name of I, which is a private document concerning the rights and duties, and continuously delivered the forged car lease agreement to the employees of the said rental car company who are aware of such circumstance as above, as if it was duly formed.

(b) A crime on April 7, 2014;

On April 16, 2014: around 55, the Defendant drafted a car rental contract with I using I's driver's license in the same manner as the above subparagraph (a) at the office of the New Franchisa Co., Ltd.

As a result, the Defendant forged one copy of the car lease agreement in the name of I, which is a private document on the rights and obligations for the purpose of uttering, and continued to be aware of such circumstances, delivered the forged car lease agreement to the employees of the said rental car company and exercised it as if it was duly formed. 9. Violation of the Road Traffic Act (Unlicensed Driving)

(a) A crime on March 22, 2014;

On March 22, 2014, from around 45 to around 20:30 on March 25, 2014, the Defendant driven a LYF string vehicle leased from around 40km to around 62 -4 meters away from the front side of the office of the New Busan Dong-dong, Busan Dongdong-gu, 3-dong, 62-4.

(b) A crime on April 7, 2014;

On April 7, 2014: From around 55 to 16:00 on April 8, 2014, the Defendant driven MM5 vehicles leased from the front side of the office of the New Busandong-gu, Busan, to about 62 - 4, from about 60km to Ulsan.

Summary of Evidence

2012 Highest 1104

1. Statement made by witnesses D in the third protocol of the trial;

1. Partial statement of witness E in the third protocol of trial;

1. Statement of witness N in the fourth protocol of the trial;

1. Partial statement of a witness in the fourth trial record;

1. Each police statement made to D or N;

1. Statement recording recorded by the police against D;

1. Police investigation report (to attach recorded files of telephone conversations between a suspect and a victim);

[2012 Gohap1164]

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding F;

1. Report on investigation by each police (information on the grounds of obtaining intelligence and on the owner of Obane, on persons who steals intelligence, and on drivers thereof);

1. Police seizure records;

2013, 56,

1. Statement of the accused in the fourth protocol of trial;

1. A protocol of suspect examination of G police officers;

1. The police statement of H;

"2014 Gohap541, 1. The defendant's legal statement

1. Statement of the police about P;

1. Postal records to I (victims);

1. The original of a rental contract ( April 7, 2014) and the original of a rental contract ( March 22, 2014);

1. Notice of persons disqualified for driver's license;

1. Oils, articles and on-site photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 201; hereinafter the same shall apply), Article 297 of the Criminal Act, Article 362(1) of the Criminal Act (amended by Act No. 11047, Mar. 16, 201; hereinafter the same shall apply), Article 362(1) of the Criminal Act, Article 154 Subparag. 2 and 43 of the Road Traffic Act (the acquisition of stolen goods, the acquisition of stolen goods, the selection of fines), Article 331(2) and (1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 230 (1) of the Criminal Act, Article 231 of the Road Traffic Act, Article 231 of the Road Traffic Act, Article 231 of the Criminal Act, Article 361 of the Criminal Act, Article 231 of the Criminal Act, Article 314 of the Criminal Act, and Article 231 of the Criminal Act.

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (with respect to imprisonment), Article 2 and 60(2) of the Juvenile Act

1. Aggravation for concurrent crimes;

(a) Imprisonment with prison labor: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), the crime of acquiring stolen goods, special larceny, the crime of embezzlement of possession, the crime of uttering of public documents, the crime of forging each private document, the crime of uttering of each private document, the crime of violation of the Road Traffic Act due to driving without a license of each motor vehicle (the crime of unlicensed driving) and the crime of concurrent crimes committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) with heavy punishment];

(b) Fine: A fine shall be imposed among the crimes of violation of the Road Traffic Act (non-licensed driving) due to a licenseless driving of each motor bicycle under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act; and a fine shall be imposed on the crimes of violation of the Road Traffic Act (non-licensed driving) at the end of April, 2012 with the largest criminal situation; both the imprisonment and the fine shall be imposed;

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

1. Detention in a workhouse;

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

1. Article 333 (2) and (1) of the Criminal Procedure Act for issuing victims;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure 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. The proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure order and notification order (the defendant is not only a person who committed the instant crime but also a juvenile under the age of 19 years until now);

Registration of Personal Information

Where a conviction is finalized against a defendant, the defendant is subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the defendant is obligated to submit personal information to the competent authority pursuant to Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) and Article 43 of the Act on Special Cases concerning the Punishment, etc.

Reasons for sentencing

1. Whether the sentencing criteria are applied;

At the time of the prosecution of this case, the defendant is a juvenile under the age of 19, and the sentencing guidelines do not apply.

2. The Defendant’s reason for sentencing is recognized that: (a) all the remaining criminal facts except for the instant crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.); and (b) the Defendant, as a juvenile under the age of 19 at the time of the instant crime, has no record of being punished for a sexual crime before the instant crime was committed.

However, the Defendant strongly denied the Defendant’s crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and did not properly reflect the Defendant’s mistake. Notwithstanding the fact that the Defendant had been subject to juvenile protective disposition several times due to a special larceny, larceny, and violation of the Road Traffic Act (unlicensed Driving) prior to the instant crime, the Defendant, without being aware of, repeatedly committed the same crime, including the instant special larceny and the instant violation of the Road Traffic Act (unlicensed Driving) and committed a crime with much much more criminal character than that of the instant crime (Rape, etc.), and there is a need to punish the Defendant more strictly, and the Defendant posted several comments to insult the victim on the Internet site operated by the Victim Do on the following occasions: (a) the Defendant’s age of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.); (b) the Defendant’s age of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the circumstances and circumstances of the instant case, including the Defendant’s imprisonment and conduct of the Defendant, etc.

Judges Noh Jeong-sik

Judges Kim Gi-sung

Judges Kang Jin-Hy