2017Ma29 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Injury

A

A decoration (prosecution) and Kim Heavy (Trial)

Law Firm B

Attorney C

May 25, 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 became final and conclusive.

To order the defendant to be put on probation.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Criminal facts

1. Injury;

On December 5, 2016, at around 18:15, the Defendant found the victim E (here, 16 years of age) and her natives while drinking in front of Gwanak-gu in Seoul Special Metropolitan City, while drinking, and told the victim and her natives to see that he/she would be able to take a hand in the name of the victim while driving the victim, and that he/she would be able to get a hand in the name of the victim," the Defendant saw the victim as "the victim would be dead." On his/her left hand, the Defendant sawd the victim's face and head by drinking her head.

As a result, the defendant puts the victim with a scarcity, scarcity, scarcity, etc. requiring medical treatment for about two weeks.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At the above date, at the above time and place, the Defendant heard that the victim was saved by the Defendant, as seen above, stated that “I am save. I am save. I am a part of the victim’s head,” and am a part of the victim’s head with left hand, and am a part of the victim’s sound part and the left ambling part, five times.

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. Each written statement of amnesty against E and F;

1. A written statement of the G production;

1. Each investigation report (the sequence 10, 13, 18 of the evidence list);

1. A written diagnosis of injury;

1. CCTV photographs;

Application of Statutes

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

Article 257(1) of the Criminal Act (the occupation of injury, the choice of imprisonment), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent act by children and juveniles, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The punishment of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is more severe to the extent that the total sum of the long-term punishments of the crimes prescribed in the Act on the Protection of Sex Offenses of Children and Juveniles and the punishment of the above two crimes is added]

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. Probation;

Article 62-2(1) of the Criminal Act, Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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. 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 an order to attend a lecture against a defendant can expect to a certain extent to prevent recidivism, and in light of all the circumstances, such as the defendant's age, family environment, social relationship, etc. as shown in the pleading of this case, the disadvantage and anticipated side effects of the defendant's suffering due to the order to disclose or notify, while the effect of the order to disclose or notify is expected to be relatively low, on the other hand, the effect of the prevention of sexual crimes that may be achieved by such order is likely to be relatively low; however, there are special

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

At the time of the case, the defendant was drunk and was in a state of mental disability.

2. Determination

According to the evidence duly admitted and examined by the court, the defendant can be acknowledged that he had drinking alcohol at the time of committing the instant crime. However, in light of various circumstances acknowledged by the aforementioned evidence, such as the background leading up to the instant crime, the means and method of the crime, the horse and behavior of the defendant at the time of committing the crime, and the circumstances after committing the crime, it does not seem that the defendant had the ability to discern things or make decisions even though he had drinking alcohol before committing the instant crime. Accordingly, the above assertion is rejected.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment for a year from one year to June 18; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes: Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] Sex Offenses, General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older), Two Types (Indecent Act by indecent act, such as by indecent act, by force on residence, etc. by relative relation), Special Indecent Act

【Special Convicted Persons】 Members not subject to punishment

[Extent of Recommendation] The minimum sentence and the upper limit of the sentence shall be reduced to 2/3, respectively, on the grounds that the sentence falls under one year or two years or more (reduction area) juvenile indecent act.

(b) Concurrent crimes: Bodily injury;

[Determination of Type] Violence, General Injury, General Injury, Type 1 (Bodi Injury)

[Special Escopic Persons] In the event of minor injury or punishment (including serious efforts for the recovery of damage), or where considerable damage has been recovered;

[Scope of Recommendation] One month to one year (Special Mitigation Area) imprisonment

(c) Criteria for handling multiple crimes: One year to two years (two years which are the upper limit of the scope of punishment for basic crimes plus six months which are 1/2 of the upper limit of the scope of punishment for concurrent crimes).

3. Determination of sentence;

In light of the fact that the Defendant committed the instant crime by inflicting an injury upon a female juvenile, and by coercion, and that the nature of the crime was inferior, and that the victim seems to have suffered a considerable physical and mental pain and sexual humiliation, and that the Defendant was punished for the crime of indecent act by compulsion, etc., the Defendant shall be subject to a strict punishment corresponding to the mistake.

However, there is no record of criminal punishment exceeding the fine prior to the crime of this case, and the defendant does not have any record of criminal punishment prior to the crime of this case, the victim's punishment is not subject to the victim's consent, the degree of injury suffered by the victim is relatively minor, and the defendant's age, character, conduct, health conditions, family relationship, means and result of the crime of this case, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime of this case, shall be determined as ordered

Registration of Personal Information

Where a conviction becomes final and conclusive with respect to a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant, the Defendant is a person subject to registration of personal information under Article 42(1) of the same Act and is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act (On the other hand, in this case, the crime of bodily injury and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which caused the registration of personal information, are concurrent in accordance with the former part of Article 37 of the Criminal Act, and is sentenced to one year of imprisonment and two years of suspended sentence in accordance with Article 38(1)2 of the Criminal Act. As such, Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes does not apply.

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young