2018Gohap384 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age);

People's deceptive scheme, etc. and Act on Special Cases concerning the Punishment of Sexual Crimes

Violation (Indecent act by compulsion in relation of relatives), Child and Juvenile Sex Report

Violation of the Act on the Punishment of Sexual Crimes and the Punishment of Sexual Crimes, etc.

Indecent Acts such as Minor, Fraudulent Act (Indecent Acts such as Minor under Fifteen years of age)

A

Dogyoung (prosecution), Gangwon-gu (Public trial)

Law Firm Jung-ro, Attorney Dohn- operated

July 24, 2018

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for ten years.

Criminal facts

【Basic Facts】

The Defendant divorced with his wife around 10 months after the birth of the victim B (her mother, C's birth), and began with his wife around 2014 from the year when the victim got in the fourth year of elementary school, and had the victim have obtained the east of his father, such as frequent travel with his father.

After divorce, the Defendant continued to pay the victim living expenses and child support, etc. to the victim, and the victim was aware of the fact that the victim was financially supported, and the victim was able to commit an indecent act or similarity with the victim by making use of the victim’s psychological condition, such as the psychological condition that the victim took the general home of the father’s east and parent’s east of the father, and unstable circumstances in the string environment where the two travels are string up, etc.

Criminal facts

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On or around December 18, 2016, the defendant's house located in Seoul Jung-gu D is front of a computer in his/her house.

The victim who was seated (at that time 12 years of age) knee of the defendant, knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act such as Minors;

From December 2, 2016 to February 2017, the Defendant sought to be injured by the victim (at that time, 12 years of age) while taking a cleaning room where it is impossible to ascertain the trade name between him/her and his/her body, and the victim returned the body and expressed his/her refusal to do so, but he/she gets her body and collected his/her body in his/her hand, and put him/her into the victim’s entrance. On the other hand, the Defendant continued to put the victim from the bathing room into the bed and put him/her in the bed, and then, the Defendant committed an indecent act against the minor under 13 years of age by force on one occasion by force on the part of the victim in the form of the body.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minor, Fraudulent, etc.).

On February 25, 2017, the Defendant: (a) stated that the number of F hotel rooms located in Jung-gu Incheon Metropolitan City E is not known; (b) made the victim off clothes to the victim (at that time, 12 years of age); (c) made the victim off the clothes; and (d) made the victim off the clothes; (c) made the victim off the clothes; and (d) made the Defendant’s handbel on the part of the victim; and (d) took the Defendant’s handbel on the part of the victim, and committed similarity to the minor under 13 years of age by force.

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

Around April 15, 2017, the defendant demanded the victim to attend the old lecture and even though the victim expressed his/her intention to refuse to do so 4 and 5 times, he/she continued to demand the victim to enter the old lecture and put him/her into the old school by force by demanding the victim to enter the guest room where the number of H hotel near Pyeongtaek-gun G of Gyeonggi-gun could not be known. In order to make him/her take a bath with the victim (at that time, 13 years of age and 13 years of age and 13 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. - Video recording of the damaged statement (the No. 5 of the evidence of the prosecutor (hereinafter referred to as the "no. 5");

1. Statement to the prosecution of I;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of an offense (referring to a violation of Act on Special Cases concerning the Punishment, etc. of Sexual Crimes), a report on an investigation (referring to a statement made by the victim's mother and hearing 23), a request for cooperation in investigation (referring to a family relation certificate

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

Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of force by indecent act by relative relations), Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of force by indecent act by a minor under the age of 13), Article 7 (5) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of the similarity of minor under the age of 13 by force), Article 7 (5) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of influence by force)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty (referring to a minor, deceptive scheme, etc. under thirteen years of age)]

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. Exemption from an order for disclosure and notification;

Taking into account the following circumstances: (a) 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 there is no criminal record for the defendant in the same kind; (b) the defendant and the victim are likely to cause secondary damage to the victim in the course of disclosing and notifying the information on the defendant's relatives; (c) the defendant's personal information registration and the completion of sexual assault treatment programs to a certain extent is expected to have the effect of preventing recidivism; and (d) there is no evidence to acknowledge that the defendant has the habitle to sexual crime; and (e) other factors such as the profits expected by the disclosure or notification order of this case and the effect of preventing sex crimes and the adverse and anticipated side effects

one circumstance is considered to exist)

1. Reasons for sentencing under Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restriction;

2. Scope of recommendations according to the sentencing criteria;

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to a minor, deceptive scheme, etc. under 13 years of

[Determination of Punishment] The basic area of Type 4 (Compulsory Similar Nature School)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of six to nine years

(b) A crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] Aggravated Punishment of Rape Chapter 2 (Rape, Rape, etc. in Connection with Relatives)

【Special Exemplarys】 Victims vulnerable to crimes

[Scope of Recommendation] Imprisonment of six to nine years

(c) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as minors and deceptive schemes);

[Determination of Punishment] The basic area of the third category of sexual crimes subject to the age of 13

【Special Convicted Person】

[Scope of Recommendation] Four years to Seven years of imprisonment

(d) The scope of final sentence according to the standards for handling multiple crimes;

- Imprisonment of 6 to 15 years [=9 years + 6 years + 4 years + 4 months + 2 years + 4 months + 7 years + 1/3)]. Scope of modified recommendations

- From 7 years to 15 years of imprisonment, the lower limit of the applicable sentencing in law is higher than the lower limit of the recommended sentencing, and accordingly the lower limit of the applicable sentencing in law is set.

3. Determination of sentence;

The Defendant committed each of the instant crimes against a victim, who is a friendship, by taking advantage of the psychological state of the victim, who makes a general family with the east of his father and the parents of his father, and the economic relationship, which has continuously paid the victim’s living expenses and child support, etc. after divorce. A sex offense by blood by blood is highly likely to be subject to criticism as being contrary to humanity. In the process of promoting agreement with the victim, the Defendant caused secondary damage in the course of promoting agreement with the victim, and the victim was blickly punished against the Defendant. The victim was diagnosed with serious mental shock after the damage of this case, and was diagnosed as a flick personality disorder.

However, the fact that the defendant reflects his behavior in depth, the fact that the defendant has no criminal record for the same kind of crime is considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc. shall be determined as ordered by taking into comprehensive account the defendant's age, character and behavior, family relation, motive, means and consequence of the crime,

Where a conviction becomes final and conclusive on each crime on the judgment that is a sex offense subject to registration and submission of personal information, the accused is 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 he/she shall submit personal information to the competent agency

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young

1) Since the victim was 12 years of age at the time of committing the crime under paragraph (1) of the same Article, the crime in this part is a violation of the Act on Special Cases Concerning the Punishment,

The violation of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment of Sexual Crimes(The crime of minor indecent acts under the age of 13 seems to be in a general concurrence.

A public prosecutor has instituted a public prosecution only for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion in relation to relatives).

Since the sentencing guidelines for indecent acts by blood do not set up, the relatives who are inevitably aged 13 or older.

The sentencing criteria for the indecent act by compulsion shall apply.