(Indecent Act by Compulsion)

2018 Madden 12 (Joint Attachment Orders)

A

Disclosure information on the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified during the aforesaid period.

For a person who requested an attachment order, the person shall order the attachment of an electronic tracking device for five years, and comply with the attached Form.

Matters shall be imposed.

【Criminal Power】

On September 21, 2009, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have been sentenced to a fine of two million won due to quasi-indecent act by force in the Changwon District Court's smuggling support.

【Criminal Facts】

On March 21, 2018, the Defendant: (a) discovered the victim F (bee, 25 years of age, intellectual disability 1 level) who was waiting for returning vehicles after completing work at the Self-Support Rehabilitation Center for Disabled Persons on the second floor of the building in the above building, and (b) said that the victim would be able to commit indecent act by force; (c) write the victim’s face in his hand with his hand; (d) write the victim’s body in order to avoid another’s sight; (e) took care of the victim’s chest by hand; and (e) took care of the victim’s body in his/her hands; and (e) took care of the victim’s faces with his/her face in his/her hands; and (e) took care of the victim’s face with his/her arms in his/her arms, and subsequently took care of the victim’s hair, and (e) took care of the victim’s chest, and (e) took care of the victim’s chest by having the victim interfered with the victim’s chest.

Accordingly, the Defendant committed indecent act by compulsion on a person with a mental disability and physical disability 1).

The Defendant has committed a sexual crime more than twice including the commission of a sexual crime against a person who has a physical disability like the facts stated in the judgment, and the Defendant committed a same sexual crime against an unspecified female who is not easily resistance, and taking into account the background and method of each crime, the application of the Korea risk assessment method of a sex offender against a person who has a request for attachment order (KS-ORAS) and the risk of recidivism is recognized.

Summary of Evidence

1. Defendant's legal statement;

1. The victim video CD and stenographic records with respect to F;

1. Certificate of the disabled;

1. An expert opinion of sexual assault prepared by E;

1. On-site reports (CCTV attachment) and three CDs, investigation reports (fixtures ofCCTV images) and photographs to capture CCTV images;

1. Previous convictions indicated in the judgment: A reply to inquiries, such as criminal records, a report on the results of confirmation before and after a disposition, and a summary order; 1. The recidivism of sexual crimes described in the judgment: Application of each of the above evidence and summary investigation report, and Acts and subordinate statutes;

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

Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act; 1. proviso to Article 16(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Imposition of Orders; Article 9-2(1)4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (i.e., issuing an order to complete a sexual assault treatment program by ordering the Defendant to attach an electronic tracking device; ii)

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Article 5(1)3 and 5, Article 9(1)2, and Article 9-2(1)2-2, 3, and 4-1 of the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders; Exemption from an employment restriction order;

Article 56 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by the sentence against the defendant, the registration of personal information, the disclosure order of registered information, the order to attach an electronic tracking device to a certain degree, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the criminal records of the defendant, the criminal records of the crime in this case, the circumstances before and after the crime in this case, the benefits and preventive effects expected by the employment restriction order, the disadvantages or side effects resulting therefrom, etc., and considering the jury's opinions, if conviction of the crime in this case, which is a sex offense subject to the registration of personal information, is finalized, 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,

Results of jury verdict and sentencing opinions;

1. A verdict of guilt or innocence;

- - Seven persons (nives)

2. Sentencing Opinion

○ Sentence

- Three years of imprisonment: Six persons;

- Five years of imprisonment: Order to complete a sexual assault treatment lecture by one person;

- 40 hours: two persons;

- 120 hours: 4 persons;

- 280 hours: An order to disclose or notify one personal information;

- 5 years: Six persons;

- 10 years: A person employment restriction order;

- Exemption: Seven persons;

3. The meaning of the request for attachment order;

- Dismissal: One person: six persons;

양형의 이유 ◈ 법률상 처단형의 범위: 징역 3년 ~ 30년 양형기준에 따른 권고형의 범위

[Determination of Punishment] General Criteria for Sex Offenses Act, Type 2 (Indecent Act by Indecent Acts)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Decision of 2 years to 5 years of imprisonment: Three years of imprisonment;

(1) Unfavorable circumstances

- The defendant, on the first floor of a commercial building where many people pass by, commits an indecent act by force against the victim who is difficult to resist due to physical or mental disorder, and even though the victim explicitly expressed his intention of refusal and led the defendant to move, the crime is frighty by indecent act by force.

- The victim suffered serious sexual humiliation and mental harm due to the Defendant’s commission of the crime, and the mother who is the guardian of the victim and the assistant of the victim, who is an assistant of the victim, want to punish the Defendant.

- The Defendant did not make any effort to recover damage.

The circumstances favorable to the Defendant that there was a favorable record of punishment for quasi-indecent act, such as criminal records.

- The Defendant recognized all of the crimes, and appears to have taken the attitude to repent of his mistake.

(2) The sentencing factors indicated in the instant trial process, including the age, character and conduct, motive and means of a crime, and circumstances after a crime, shall be comprehensively considered, and the sentencing opinion of jurors shall be determined as ordered in consideration of the sentencing factors of jurors.

It is so decided as per Disposition through the participatory trial for more than one reason.

Judges Indices

Judges Gangseo-gu

In the second degree of the disability, the application for changes to the first degree of the intellectual disability shall be made and this court shall apply for changes in the indictment.

A. The indictment was modified by the amendment, but the content of the certificate of the disabled to the victim and the CCTV images containing the scene of the crime in this case

Since the victim seems to have both a mental and physical disability as well as a intellectual disability and a brain resistant disability, the victim is considered to have both a mental and physical disability;

shall be corrected in the form of authority as such.