Sdecent Act, Indecent Act by Compulsion

Attorneys Jin-kin-kin, Man-kin

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

The defendant shall be ordered to take 80 hours of sexual assault therapy and provide community service for 40 hours.

Disclosure and notification of information on the accused for three years.

The defendant shall order the employment restrictions to institutions, etc. related to children and juveniles for three years.

1. On March 14, 2018, at around 00:58, the Defendant discovered the victim on the roads near OB, a house located in Seocho-gu Seoul Metropolitan Government (n, 39 years of age) in Seocho-gu, and followed by reporting that the victim entered the 1st floor co-ownership of the above Bilet loan by following the victim's back-up, and then the victim entered the 1st floor co-ownership of the above Bilet loan. On March 14, 2018, the Defendant was under the influence of the victim's co-ownership by opening the entrance door of the above Bilet, which is one's own studio, and b

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

2. On May 8, 2018, at around 22:45, the Defendant accessed the victim F(n, 24 years old) who is mixed in the “E” park located in Seocho-gu Seoul Metropolitan Government “E” to the victim F(n, 24 years old) who is mixed with the victim, and called “the phone number,” and called “the victim’s son’s kn’s son was cut.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary

1. Statement of the accused in the first protocol of trial;

1. Statement of the police against C and F (No. 6 No. 5 of the evidence list);

1. Each statement of F and C (No. 25, 29 No. 5 of the evidence list);

1. An investigation report (in the name of a suspect, confirmation of the number of the subway credit card), an investigation report (related to the details of theG communication confirmation data reply), and an investigation report (related to such a crime: ctv additional confirmation);

1. One copy of the suspectCCTV photograph, the card details inquiry and the details of the use of transportation cards carried out by the suspect subway, G mobile telephone call details response to the location of the base station, and 5,8. Suspect's moving Myeoncd;

Application of Statutes

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

Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 298(a), 298(a) of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act

1. Aggravation of concurrent crimes;

The punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggravated within the scope of the sum of the long-term punishments of the above crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty and the punishment prescribed in the aforesaid Act]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows)

1. Order to attend lectures or order to provide community service;

The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order to disclose or notify information;

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

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018)

Reasons for sentencing

1. The scope of punishment by law;

From June to 20 years of imprisonment;

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

(a) The first crime (the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Indecent Act);

[Determination of Punishment] General Standard of Indecent Act by Indecent Act by Compulsion(Indecent Act by Indecent Act/Special Indecent Act by Indecent Act by Indecent Act/Indecent Act by Indecent Act by Relatives)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years (Basic Area)

(b) A second crime;

[Determination of Punishment] General Standard of Indecent Act by Indecent Act by Indecent Acts (General Indecent Act by Indecent Acts)

[Special Escopics] Reductions: Where the degree of indecent conduct is weak;

[Scope of Recommendation] Imprisonment from one month to one year (Mitigation)

(c) The scope of final sentence due to the aggravation of multiple offenses: two years and six months from June to six months; and

3. Determination of sentence;

The Defendant: (a) committed indecent acts by compulsion on two occasions against the victims who were home home at the night or who were married, and the Defendant had a high possibility of criticism in that it causes fear to good citizens by committing a crime against unspecified women at the latest time; (b) prior to the instant case, the Defendant was sentenced to a fine of KRW 4 million by committing indecent act. Some of the victims are suffering from mental and physical shock due to the instant crime, and all of the victims are punished by the Defendant.

However, the Defendant has led to the confession of and reflect on the instant crime. Also, the degree of indecent act is not very serious. While the Defendant paid money to the victims and agreed to or deposited money with them, the Defendant did not have an attorney-at-law appointed and confirmed the intent of the victims, and thus, the Defendant failed to reach an agreement with the victims or deposited money in accordance with the provision on the protection of personal information of victims under the relevant laws and regulations. It seems clear that social ties between the Defendant and his family members, such as the Defendant’s withdrawal of the victim’s wife against the Defendant. The foregoing history is related to the same type of crime, but it does not need to be considered seriously considering the content of the crime and the type of sentence. Such circumstances are considered as favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

When a conviction on each crime on which a sex crime subject to registration is to be registered becomes final and conclusive, 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 shall submit personal information to the competent agency pursuant to Article 43

Judge Lee Sung-sung

Judges Lee private-young