2019 Highest 6975 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in Action)

A

Park Jong-hee (Public Prosecution) and Kim Jin-hee (Public Trial)

Attorney Choi Jin-jin

January 22, 2020

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To be put on probation against the accused and to take lectures of sexual assault treatment for 40 hours. An order shall be issued to the accused to place employment restrictions on the accused at child and juvenile-related institutions, etc. and welfare facilities for disabled persons for each three years.

Criminal facts

On August 16, 2019, at around 18:59, the Defendant: (a) 18:59, at the Dongjak-gu Seoul subway line 9, the Seoul subway line located in 220, the direction of Kimpo Airport Station in the direction of Kimpo Airport Station, facing the victim B (a name, leisure, 32 years old); (b) her chest and the body of the Defendant, in the front line facing the victim B and the Defendant, sent back the victim’s chests, and contacted the victim’s hand to the victim’s hand. Accordingly, the Defendant committed an indecent act on the part of the victim in the front line, which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (the name of the injured party B)

1. Application of Acts and subordinate statutes to photograph the victim's boom situation where he/she became aware of the boom;

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

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Suspension of execution;

Article 62 (1) of the Act

1. Orders for probation and education;

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

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 main sentence of Article 59-3(1) of the Act on Welfare

The reason for sentencing is that the Defendant committed the instant crime without being aware of the history of criminal punishment twice as in the instant case, even though he had been subject to criminal punishment, and at the same time, committed the instant crime (However, the current period of suspended execution was limited). The degree of indecent conduct is more severe, and the Defendant was not able to be sentenced from the victim.

However, the defendant has recognized his mistake, and is making efforts to prevent recidivism by receiving psychological treatment and pharmacologic treatment. In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined by taking into account all the sentencing conditions specified in the records and arguments.

Registration and submission of personal information

When a conviction on a crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information under 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 head of the relevant agency pursuant to

Disclosure Order and Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime of this case, the degree and expected side effects of the Defendant’s disadvantage, the prevention of a sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is deemed that there are special circumstances where disclosure or employment of the Defendant’s personal information should not be restricted. Accordingly, the above orders shall not be issued to the Defendant pursuant to 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), and proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judges Park Young-soo