2020Gohap72 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

A

Beforeman (Public Prosecution), the execution of the indictment, and the trial for senior citizens (public trial)

Attorney Yoon Il-il (Korean)

October 15, 2020

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant shall order the defendant to take a 40-hour course for sexual assault treatment and a 120-hour community service. The defendant shall be subject to employment restrictions for three years in child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Criminal facts

At around 13:30 on July 29, 2019, the Defendant: (a) at C located in Goungung-gun, Goung-gun, Goung-gun; (b) at C, the victim D (one’s name, second name, and third years of age) who was in Yung-gun, the Defendant called “Yung-gun”; (c) the victim’s hand was knife by hand; and (d) the victim’s head, head, and buckbucks were met by force. Accordingly, the Defendant committed indecent act by force on children and juveniles.

1. Defendant's legal statement;

1. Stenographic records;

1. Photographs;

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

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. Social service order;

Article 21(4) 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 (amended by Act No. 16622, Nov. 26, 2019); (i) there is no record of criminal punishment against sexual crimes; (ii) it appears that the registration of personal information of the defendant against the defendant; (iii) order to attend sexual assault therapy; and (iv) community service order alone could have the effect of preventing recidivism; and (iv) other circumstances, including the defendant’s age, occupation, environment, social relationship; (iv) anticipated side effects and anticipated side effects that the defendant suffers from disclosure or notification order; and (v) the prevention of sexual crimes that may be achieved therefrom, there are special circumstances in which the defendant’s personal information may not be disclosed or notified to the public).

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); 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. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 15 years;

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

[Determination of Punishment] The general standard of the crime of indecent act (the object of 13 years of age or older) is prescribed in the Act on the Punishment, etc. of Sexual Crimes (the type 2). Indecent act by blood relatives, such as indecent act by blood or residential intrusion, etc., and juvenile indecent act by special indecent act by indecent act by force (including deceptive act and indecent act by force) is included in the type 2. However, the upper and lower limit of the scope of

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from August to April 3

3. Determination of sentence;

The following circumstances and the Defendant’s age, character and conduct, environment, family relations, motive, means and consequence of the crime, and other various sentencing conditions specified in the trial process of the instant case, shall be determined by getting out of the lower limit of the recommended sentencing guidelines and the sentence as ordered by the order. The crime of this case is not likely to be committed by indecent act by compulsion of the victim by means of taking the victim’s hand by the juvenile, the victim’s head, and the buckbucks. The victim appears to have caused considerable mental impulse and sexual humiliation due to the instant crime.

The circumstances favorable to ○○: The Defendant recognized the instant crime and reflected against the Defendant. The Defendant did not have any history of having been punished for the same sexual crime prior to the instant crime. The Defendant’s physical force and the degree of indecent act that the Defendant had exercised against the victim is relatively significant. The Defendant appears to have been cured at the present time from the instant crime, and the Defendant expressed his intent that if the Defendant appears to have an attitude against the victim in this court, the Defendant would be able to be able to take the place against the Defendant. In a case where the obligation to register and submit personal information becomes final and conclusive in conviction against the instant crime, 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 thus, is obligated to submit personal information to the competent agency pursuant to

The presiding judge, judge, Song-tae

Judge Lee Sang-hoon

Judicial Chief Judge;