2017Gohap1074 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age)

An adult quasi-sexual act) and the punishment, etc. of sexual crimes

Violation of the Special Act on the Protection of Specific Crimes (Quasi-Indecent Acts in Relation to Relatives), sexual violence

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

Self-Indecent Act by compulsion

A

Bags (prosecutions) and semi-satisfys (public trial)

Attorney B (Korean National Assembly)

December 22, 2017

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Criminal facts

On January 8, 2015, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Gwangju District Court's Maritime Court's support, and completed the enforcement of the said sentence on May 30, 20

The defendant is the pro-child of the victim C(M, 10 years of age).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-sexual act committed against a minor under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Defendant,

A. On October 9, 2017, between 04:00 and 05:00, the mother of the Defendant: (a) left tobacco at the home of Yeongdeungpo-gu Seoul Metropolitan Government D Building 501; and (b) returned to the mother of the Defendant, the victim was discovered; (c) the victim was sucked back by the victim’s left hand, and then sucked down the victim’s clothes above the victim’s inner hand, and then laid down the victim’s inner part and 3-4 times again; and (d) repeated up to the end;

B. From around 04:00 on October 11, 2017 to 05:00, the mother of the Defendant, as indicated in the foregoing paragraph, discovered the victim who was fluent in a ward in a computer in the house, found the victim who was fluent in the victim’s house, laid the victim’s clothes in his left hand, laid down the victim’s clothes in the victim’s hand, and boomed the victim’s fluent hand into the part of the victim’s finger hand, putting the victim’s fluent hand into 3 to 4 times, and repeated for the last day after the lapse of 3 to 4 times. The Defendant’s fluented the finger hand and suspended finger into the part of the victim’s sound, and dried up to 3 to 4 times.

In this regard, the Defendant committed an indecent act against the victim by taking advantage of the victim's state of non-performance of 13 years of age or older to the victim's gender, and by taking advantage of the victim's blood relation's state of non-performance of care.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On October 10, 2017, at around 06:00, the Defendant discovered the victim who was frightd from the house room in the mother of the Defendant stated in the above paragraph 1(a) and she saw the victim as her son, and her son her son her son her son her son her son.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's blood relationship and under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. stenographic records of victims;

1. G statements;

1. Report on investigation (Attachment of photograph of place of crime), investigation report (Attachment of family relation certificate);

1. Records before judgment: Criminal records, etc. and inquiry reports and investigation reports (A), and reports on repeated crimes;

Application of Statutes

1. Article applicable to criminal facts;

Articles 7(4) and 7(2)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-sexual act committed against minors under the age of 13), 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a quasi-indecent act by compulsion against minors under the age of 13)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Minors who are under thirteen years of age) with heavy punishment; the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment within the limit provided for in the proviso of Article 42 of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor quasi-sexual Acts under thirteen years of age) as of October 11, 2017 with the largest punishment and punishment for concurrent crimes)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

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 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 the defendant had no record of criminal punishment for a sexual crime previously committed, and thus, it is difficult to readily conclude that the defendant has a risk of sexual assault or recidivism; the registration of personal information of the defendant and the completion of sexual assault treatment programs against the defendant can give a certain degree of effect to prevent recidivism; the effect of preventing sexual crimes that may be achieved due to the disclosure order and the notification order compared to the disadvantages and anticipated side effects that the defendant may sustain; and the defendant's age, occupation, family environment, social relationship, motive, means and consequence of the crime in this case is relatively small, taking full account of all the circumstances such as the defendant's age, occupation, family environment, social relationship, and the motive and consequence of the crime in this case, it is deemed that there

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to twenty-five years;

2. Whether the sentencing criteria are applied;

The sentencing guidelines do not apply to the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-decent act

3. Determination of sentence;

Although the Defendant had a responsibility to rear and protect a victim who is a married, the Defendant committed quasi-Rape and quasi-indecent act by compulsion. In particular, each of the instant crimes is not very good in that it is against the victim under 13 years of age who is unable to easily resist the Defendant’s criminal act and lacks the ability to protect himself/herself, and it is inevitable to punish the Defendant with severe punishment for having committed a crime by having been convicted of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and for having committed several months after the execution of the sentence was completed. Meanwhile, each of the instant crimes appears to have caused considerable mental distress and sexual humiliation, and the victim seems to have caused a sense of sexual values and self-harm in the future. Such circumstances are disadvantageous to the Defendant.

However, the fact that all of the crimes of this case are recognized and reflected by the defendant, the fact that the defendant has no criminal records of the same kind, etc. are considered favorable to the defendant, and the number of sentencing factors in the trial process of this case, such as the defendant's age and intelligence, character and behavior, living environment, motive, means and consequence of the crime, after comprehensive consideration, shall be determined as ordered.

Registration of Personal Information

Where a conviction becomes final and conclusive on each crime in the judgment, the defendant 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 thus is obligated to submit personal information to the competent agency pursuant to Article 43 of

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;