2018Mahap1182 Rape of Minors, preparation of minors, quasi-Rape of minors, sternity

Indecent act by compulsion of the aged;

2019.5 (Consolidated) Probation Orders

Order Requester

A

Maok-young (prosecutions) and public trial held in office;

Law Firm Jung-ju

[Defendant-Appellant]

March 27, 2019

A defendant shall be punished by imprisonment for two years.

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

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

The request for probation order of this case is dismissed.

Criminal facts

On August 2017, the Defendant got aware of the fact that the victim C(the age of 12) was the sixth year of elementary school students under the age of 13, he was aware of the fact that the victim C(the age of 12) was the first school student under the age of 13.

1. Preparation of, rape in a minor;

On October 1, 2017, the defendant, at the "E" cartoons of the first floor of the D Building in Gwangjin-gu, Seoul Special Metropolitan City, the victim's chest and the part of the victim's chest and the part of the drinking, and had the finger and the finger were collected in the negative part of the victim, and had sexual intercourse with the victim once.

In addition, the Defendant, from October 1, 2017 to March 25, 2018, had sexual intercourse with the victim under 13 years of age over a total of 10 times, as shown in the list of crimes in the attached Table.

2. Artificially similar rape of a minor;

A. On October 2, 2017, the Defendant proposed that the victim, who was pregnant with the preceding sex relationship, will buy post-more drugs, and the victim met with 'G' located in the Seoul Special Metropolitan City Gwangjin-gu F, and included the victim's chests and booms in the victim's negative part, around October 2, 2017.

B. On October 29, 2017, the Defendant, at the soup 'I’ book located in H in Jung-gu Seoul, Jung-gu, Seoul around October 29, 2017, putting the fingers into the victim's clothes, and putting the fingers into the part of the victim's drinking.

C. On December 3, 2017, the Defendant removed the victim’s conspiracy from the Defendant’s home room located in the Gwanak-gu Seoul Special Metropolitan City J from the Defendant’s home room and laid down the fingers into the victim’s sound book.

Accordingly, the defendant included his fingers in the victim's sexual organ under the age of 13 over three times and similar rapes.

3. Indecent acts by compulsion of minors;

A. On September 24, 2017, the Defendant committed an indecent act by committing an indecent act, such as gathering the victim’s sound by hand while watching TV in the studio in Seoul Special Metropolitan City, Nowon-gu along with the victim, and leaving the victim’s chest by entering the studio.

B. On October 22, 2017, the Defendant committed an indecent act, such as using “M” in Seoul Special Metropolitan City, Nowon-gu L, using the victim’s film with the victim, and omitting the victim’s timber.

Accordingly, the defendant committed an indecent act on the victim under 13 years of age two times.

Summary of Evidence

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

1. stenographic records of the victim's statement or video CDs recorded by the victim;

1. Investigation report (specific place of the crime committed while accompanied by the suspect, and confirmation of the victim's cell phone digital siren results);

1. The details of each DNA conversation, this photograph, a letter prepared by the victim, and a digital forensic result;

Application of Statutes

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

§ 305 and § 297 of this Criminal Code

Articles 305 and 297-2 of each Criminal Code (a point of view of quasi-Rape of a minor)

○ Articles 305 and 298 of the Criminal Act (the occupation of indecent act by force of a minor and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe punishment and concurrent punishment for a minor on October 1, 2017)

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 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), 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. 15352, Jan. 16, 2018); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (amended by Act No. 15452, Jan. 16, 2018) requires careful caution as it may have significant influence on the defendant. There is no criminal history against the defendant. In light of the defendant’s age, occupation, personality and behavior, family relationship, social relationship, the circumstances and methods of the crime of this case, the disclosure of personal information to the defendant and the effect of the disclosure of employment restriction order, etc., as well as the effect expected by the defendant’s entry of employment restriction order, etc.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

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

(a) Basic crimes: Crimes of medication and rape of minors on October 1, 2017;

[Determination of Punishment] General Criteria for Sex Offenses> Types 2 (Rape) of the Act on the Protection, etc. of Sex Offenses under 13 years of age

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Determination of the recommended territory, Scope of Recommendation] Reduction Area, Imprisonment from June to 3 years

(b) Minority Crimes: Crimes of medication and rape of minors on March 25, 2018;

[Determination of Punishment] Types 2 (Rape) of sex offenses subject to the age of 13.

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Determination of the recommended territory, Scope of Recommendation] Reduction Area, Imprisonment from June to 3 years

(c) Concurrent Crimes: Crimes of medication and rape of a minor, March 18, 2018;

[Determination of Punishment] Types 2 (Rape) of sex offenses subject to the age of 13.

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Determination of the recommended territory, Scope of Recommendation] Reduction Area, Imprisonment from June to 3 years

(d) Application of standards for handling multiple crimes: One year and six months from June to five years [the maximum of the scope of sentence for basic crimes (three years)]; 1/2 (one and six months) of the highest maximum of the scope of sentence among the concurrent crimes; and 1/3 (one year) of the upper limit of the scope of sentence for the highest crime]; and

3. Determination of sentence;

The crime of this case is an indecent act, similar rape, and sexual intercourse by Defendant, an adult who has a social responsibility to protect children and juveniles so that they can have a sound sexual morals, and to lead them to a correct way. Although following mutual agreement, even if it is based on mutual agreement, it is a crime committed against children under the age of 13, the nature of the crime is bad in that it is an offense committed against children under the age of 13, with the ability to judge, and sex offense against children may have a significant adverse effect on the mental and physical development of children by distorted the concept of the sex of an unestablished child, and thus, it is more likely to be criticized in the relevant laws.

However, the Defendant appears to have much room for edification and improvement with the current age of 24 years and family support, and ② the Defendant expressed his/her intent that the victim and his/her mother do not want punishment against the Defendant by mutual consent with the victim, ③ the Defendant is seriously against his/her own criminal act, ④ the Defendant has no criminal history, ⑤ the Defendant’s family members want to take the Defendant’s wife into account the circumstances favorable to the Defendant.

In addition, the punishment was determined as ordered by comprehensively taking into account the various circumstances, such as the defendant's environment, character and conduct, motive, means and method of crime, and the scope of recommended punishment according to sentencing guidelines. Determination on requests for probation orders is made.

1. Summary of request for a probation order;

A person who habitually commits a sexual crime as stated in the judgment of the court, and is likely to recommit a sexual crime in light of the background of the crime in this case, the environment, character and conduct, sexual orientation or behavior of the person requesting probation order, distorted common sense against sexual assault, etc.

2. Determination

The probation order of this case is dismissed in accordance with Article 21-8 and Article 9 (4) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, since the probation order of this case is ordered as ordered for each crime.

Where a conviction becomes final and conclusive on each crime in the judgment that is a sex offense subject to registration and submission of personal information, the defendant constitutes a person subject to registration of personal information in accordance with 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 in accordance

The presiding judge, the Gimology judge

Judge Lee Sung-sung

A person shall be appointed.