2019 Highest 1376 Indecent Act by compulsion, Violation of Special Act on the Punishment, etc. of Sexual Crimes

(C)Special features on the punishment, etc. of sexual crimes;

Attempted Crimes of Violation of the Kamerla, etc. and Kamerla, etc.

A South 85. Symar

Kim Jong-gi (Lawsuits of Prosecution) and Gangwon-do (Public Trial)

Law Firm* Law Firm, Attorney Lee -

Attorneys Kim Ma-, Kim & Lee

August 29, 2019

A defendant shall be punished by imprisonment for two years.

Defendant’s completion of sexual assault treatment programs for 40 hours and children and juvenile-related institutions for each five years;

It shall order the restriction on employment of persons with disabilities, etc.

Seized LGG Smartphones (LG F8008), 1 unit Samsung (SHV - E3305), 6 unit Hphone 61 unit, digital and small automobiles

Mera 1 unit, prefabricated PC 1 unit, outer sub-face, one SD card (number 1 to 7 each year of the total list of seized articles)

c) be confiscated from the Defendant.

Facts of crime

" 2019 Highest 1376"

The defendant is a person who serves as a marina branch office and a physical manager from the Ulsan Nam-gu* the 00-ro 00 building and the ○○ ○○, a women-only marina branch office located on the Madem Madem Madem Madem Madem.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims B (Kameras, Use and photographing of Cameras);

A. On November 28, 2018, at around 20:30, the Defendant taken four photographs of the body of the victim, including the victim, her chest, and her body, where the victim B, who was found to be a customer, does not have sound when she gets out of the opening of the bend, due to her body’s unknown body, using a mobile phone with her click clock, where she was installed, so that he/she does not have any sound when she gets out of the bend in the bend.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the above mobile phone against his will.

B. At around December 5, 2018: 19:18, the Defendant sent three photographs of the victim’s known body, such as the above paragraph A, to the Defendant-friendly C through the Kakakao Stockholm message of the said portable phone. The Defendant sent three photographs of the victim’s body, such as the above paragraph A, to the Defendant-friendly C.

Accordingly, the defendant provided the above photographs, which can cause a sense of sexual humiliation of the victim.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D (using and photographing cameras, etc.);

On January 10, 2019, at around 20:46, the Defendant taken two photographs of the body body of the victim, etc. using a cell phone where the victim D, who was found to be a customer, was deprived of the victim's △△△△, and the body of his body, was installed with her body, on the part of the victim, etc., with the cell phone where the clock of the victim, etc., was installed.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the above mobile phone against his will.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims E (Kameras, Use and photographing of Cameras);

On March 7, 2019: around 22, the Defendant taken three copies of the victim’s chests and legs, where the victim E, who was found to be a customer, was deprived of and on the part of his body, using a mobile phone with the clock case of “blocks”, in which the victim’s chests and legs were installed, to take three photographs of the victim’s chests and legs.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the above mobile phone against his will.

4. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims F (Use and photographing of Cameras, etc.);

On March 13, 2019: around 20: 20, the Defendant taken four photographs of the body of the victim, etc., where the victim F, who was found in the above ○○○○’s correction management office of △△△, was deprived of, and was able to be aware of, the victim F, who was found to be a customer, using a mobile phone with the victim’s 's knife knife’, with the victim’s knife of, the victim’s knife’s knife’s knife.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using the above mobile phone against his will.

5. Crimes against victims G;

(a) Indecent acts by compulsion;

(1) On April 2, 2019: from April 17, 2019 to April 19: 45 of the same day, the Defendant stated that he would escape from the above ○○○○’s △△△△△ management room of the victim G, who was found as a customer, and the victim would go away from the victim G, who was lying on the part of the victim’s body, and the victim was lying on the part of the victim, who was lying on the part of the victim, and she was her blue and pressured by the victim, and the victim was her blue with a blue with a blue with a blue with a blue, and the victim’s her blue with a blue with a blue with a blue.

Accordingly, the defendant committed an indecent act against the victim by force.

(2) The Defendant: from April 5, 2019 to April 6, 2019, 201: from 40 to 01:30, the Defendant’s “○○○”’s △△△△ management office provides the victim with free test management, and provides the victim with the victim’s face management at the △△△△△△△△△ office, and is in no way to the present business by managing the victim’s body for personal products, marketing, etc. This management is not a commercial progress for the same purpose, and is proceeding with mutual consultation. If the Defendant’s face management is influent with the victim’s face management, it is difficult for the victim to take the victim’s face management, and if there is any other special circumstance, it is difficult to take the victim’s face management at the victim’s seat with the victim’s face management through the electronic consent.”

Accordingly, the defendant committed an indecent act against the victim by force.

(b) Attempted violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

On April 5, 2019: from 40 to 02 April 6, 2019, the Defendant tried to take a video recording of the victim’s body, which had been placed in advance on the part of the victim from 40 to 00, at the management office of △△△△△, as described in paragraph 5-A. (2), and as described in paragraph 5-A. (2), the Defendant carried out the video recording function of the said victim’s face-to-face, which was carried on the part of the victim, and carried out the video recording function of the said victim on the part of his body, and tried to take a video recording of the victim’s body, which could cause sexual humiliation against the victim’s will, but did not have been taken because the said device was not installed due to the operation of the device.

As a result, the defendant tried to take the body of the victim, which could cause a sense of sexual shame by using the above camera, against his will, and did not commit an attempted crime.

" 2019 Highest 2282"

1. Crimes against victims H;

On December 6, 2018, at around 00, the Defendant: (a) taken the victim’s body against the victim’s will by photographing four parts of his body photographic photo, embelle, ○○○○○○, Nam-gu, Ulsan-gu, 00, the Defendant, while making the victim off clothes to the victim H, making the victim be able to be able to be able to get off clothes, and then making the victim cannot be seen as the Defendant’s act; and (b) making the victim cannot be seen as the Defendant’s act, she taken off the body of the victim’s body by taking four parts of his body photographic photo, embat, and embat, which were embated, so that the victim may cause sexual humiliation or sense of shame.

2. Crimes against victims I;

On March 5, 2019, the Defendant, at the above location around March 5, 201, her her mare, and her chest in the same manner as above.

The body of the victim, which could cause sexual humiliation or shame, was taken against the victim's will by photographing four parts of the exposed body photograph.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Gu Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018)

Article 14(1) and (2) of the Act, and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Paragraphs 1 and 15, Article 298 of the Criminal Act / [Selection of Imprisonment]

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2 and (2), Article 50, and the proviso of Article 42 of the Criminal Act

1. Order to complete a program;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48(1) of the Criminal Act

1. An employment restriction order;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Addenda to the Act on Welfare of Persons with Disabilities (2018).

12. Article 2 of the Act on Welfare of Persons with Disabilities (Law No. 15904), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

Reasons for sentencing

The defendant is an initial crime without any criminal records, and the victim is divided after the crime, and only three victims have agreed with them. On the other hand, this case is intended to provide the victimized women in the state of Malibba in order to take the Maliba, a non-discriminatory sexual indecent act or shooting of Maliba, and further to provide the photographs to Mali-gu (at high school dong-dong-dong-dong-dong-dong-dong-dong), and it is not good to be a crime. The remaining four victims (part of the victims want to be punished by the defendant) did not agree smoothly with the other defendant's age, occupation, character, personality and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence like the order should be determined in full view of the sentencing conditions stated in the records.

Registration of Personal Information

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

Disclosure and Notification Orders

In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, consequence, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, prevention of sexual assault crimes that may be achieved therefrom, and effects of the protection of the victim, etc. comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, method of committing the instant crime, consequence, the Defendant’s act of disclosure order or notification order, etc., the Defendant is deemed to have any special circumstance that may not disclose and notify the Defendant’s personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article

shall not be ordered to disclose or notify.

Judges Yellow Module