20 Highest 1067 Indecent Act by indecent act

A

The Constitutional Court of 200Hun-Ga, Park Jae-young (Public trial)

Attorney Kim Jong-Un (Korean)

September 24, 2020

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Each defendant shall order the defendant to provide community service for 80 hours and take lectures for sexual assault treatment for 40 hours. The defendant shall be subject to employment restrictions for five years with child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Criminal facts

Around 05:00 on June 30, 2019, the Defendant committed an indecent act against the victim by forcing the victim to commit an indecent act as the victim was unable to properly hold the body under the influence of alcohol when the victim was able to commit an indecent act because he was unable to do so at a high school and a high school and a 20-year-old group. The Defendant committed an indecent act against the victim by forcing the victim to do an indecent act as her hand, talking the victim’s chest, drinking the victim’s face, and drinking the Defendant’s face under the items of the victim more than 10 minutes repeatedly.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on closure photographs;

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

Article 298 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order for community service and education;

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

1. 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 Welfare of Disabled Persons Act;

The reason for sentencing is that the Defendant, under the influence of alcohol, committed an indecent act against several times during which he was unable to take care of the victim, and the degree of the indecent act is also not easy, and thus, the nature of the offense is bad. However, considering the circumstances that the Defendant did not have any criminal power, taking into account the circumstances leading to the instant crime, taking into account all the factors such as the background leading up to the instant crime, the age, environment, and circumstances after the crime, the Defendant’s punishment against the Defendant is determined as ordered.

Where a judgment 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Exemption from Information Disclosure Order or Notice Order

Article 47(1) and Article 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 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Judges electrical interest