2019 Highest 2654 Indecent Act by compulsion

A

Yellow-line (prosecution), gambling, and public trial;

2020, 10, 16

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Criminal facts

On July 31, 2019, around 22:10, the Defendant discovered the Victim D (Gam, b, 21 years old) coming from convenience stores around Gangdong-gu Seoul Metropolitan Government B and C convenience stores, and subsequently, found the Victim D (Gam, 21 years old) with the Victim’s left her straw with the Victim’s own hand, one time.

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

Summary of Evidence

1. Statement made by the police in relation to D;

1. Investigation report (verification of CCTV inside convenience points);

Application of Statutes

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

Article 298 of the Criminal Code, Selection of Imprisonment

1. Order to complete programs;

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

The degree of indecent conduct on the grounds of sentencing is not very severe, and the defendant has no record of punishment for the same kind of crime, and all of the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by taking into account the following factors.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused 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 relevant agency pursuant to Article 43 of the same Act. Exemption from

In addition, considering that the defendant's age, occupation, risk of recidivism, content and motive of the crime, method and consequence of the crime, severity and side effect of the crime, disclosure order, notification order, employment restriction order, the degree and anticipated side effect of disadvantage to the defendant's suffering, the preventive effect and side effect of the sexual crime subject to registration which can be achieved by the order, the effect of the protection of the victim, etc., it is determined that there are special circumstances where disclosure and notification of the defendant's personal information or the order of restriction on employment of children, juveniles-related institutions, etc. and welfare facilities for disabled persons should not be issued (Articles 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49 (1), proviso to Article 50 (1), proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 59-3 (1) of the Act on Welfare of Disabled Persons).

For judge Lower-ranking