2020Gohap120 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age)

Elderly indecent act by indecent act

A

Long-term (prosecution), red (public trial)

Attorney Lee Dong-hoon (Korean)

May 29, 2020

A defendant shall be punished by imprisonment for not less than two years 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 40 hours.

The defendant shall be subject to employment restrictions for three years with institutions related to children and juveniles, etc. and welfare facilities for disabled persons.

Criminal facts

On August 28, 2019, the Defendant, at the Jung-gu Incheon Metropolitan City apartment apartment playground, 18:38 to 19:03, the Defendant kids on the right side of the victim C (name, 5 years old, 5 years old), D (name, 4 years old, 4 years old), kids on the right side of the victim C, kids on the right side of the victim C, where she was seated, and kids on the part of the victim D, who she was seated at the victim C, and kids on the right side of the victim D.

Accordingly, the defendant forced victims under the age of 13 to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim C (Gain) or D (Gain) recorded in each statement recording CD; 1. Notification to a department related to the reporting of the 112 Incident;

Application of Statutes

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

Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the crime of concurrent crimes by force prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) against a victim D with a heavier penalty

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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the fact that the effect of preventing re-offending can be achieved to a certain extent only by the sentence of imprisonment with labor, registration of personal information, order to attend a sexual assault treatment course and order to restrict employment; and other special circumstances exist where the defendant’s age, occupation, family environment, social relationship, details and circumstance of the crime, disclosure and notification order, degree of disadvantage and anticipated side effects of the defendant's injury caused by such order, the effect of preventing sexual crimes that can be achieved due to such order, the protection of the victim of sexual crimes, etc.

1. Reasons for sentencing: Imprisonment with prison labor for 2 years and 6 months to 22 years and 22 months;

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

(a) Crimes Nos. 1 and 2: A sex offense subject to the age of 13 (type 3] prescribed in the general standards for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13 or less);

[Special Esponsor] Reduction element: In cases where the degree of indecent conduct is weak, the court not to punish him/her;

[Recommendation and Scope of Recommendations] Special Mitigation Area, Imprisonment from March to 5 years

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one year and three months to seven years (the first crime maximum + the second crime maximum 1/2);

(c) Scope of recommended sentences revised by applicable sentences: Imprisonment with prison labor for two years and six months from June to seven years (in cases where the lower limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences, the lower limit of applicable sentences shall be determined by law);

3. Determination of sentence: The crime in the case of two years and six months of imprisonment, and three years of suspended execution is committed by the Defendant, on the basis of the 5 years old and the victims of the four years old-old child who were playing in the playground, and the crime is committed by the Central Central Central Central Central Republic, Central Central Republic, Central Central Republic, is not easy. The victims and their parents seem to have suffered considerable mental distress due to the instant case. The Defendant has the record of being sentenced to suspended sentence for the same kind of crime in the year 2016.

However, in light of the fact that the defendant recognized the crime of this case for the first time in this court, and recognized the crime of this case, the degree of indecent act of this case is relatively heavy, the defendant agreed to pay 2 million won to the victims, the defendant's judgment and recognition ability of the defendant seems to be somewhat deteriorated when considering the fact, investigation, attitude in the trial process, etc. after the case, and the defendant's punishment shows the defendant's intention to actively protect the recidivism of this case, the defendant's age, character and behavior, environment, the details and result of the crime, and the circumstances after the crime, etc., as stated in the trial of this case shall be considered as favorable to the defendant. In addition, the punishment of this case shall be determined as ordered in consideration of various sentencing factors indicated in the trial of this case, such as the defendant's age, character and behavior

Registration and submission of personal information;

Where a conviction becomes final and conclusive on the facts constituting a 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 4

The presiding judge, Glaz.

Judges Lee Jin-ia

Judges Shin Shin-chul