2013 Highest 1480 Indecent Act by compulsion

○○○ (1960s) and Korea Electric Power Corporation’s operations

Emotionials (prosecutions) and paper-type trials (public trial)

Attorneys Kim Do-do (Korean National Treasury)

July 11, 2014

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

The defendant shall order the defendant to complete 40 hours of sexual assault treatment programs.

Criminal facts

The Defendant was holding a position A in Korea, and the victim ○○○○ (n, 31 years of age) was an employee belonging to the Defendant, but the Defendant and the victim took the general awareness of the employees in the colonial house near Jeju Viewing around May 2, 2013 after completing the intra-company Chuncheon sports meeting.

1. On May 2, 2013, the Defendant instructed Park ○, an employee of the above employees, to use the victim’s phone at “○○○○○○○○○○○○○○○○○○○○○○○○○○○○” in the Jeju-dong-dong.

During the above frequency, the victim, who gets out of the Guto drink because she did not know the victim while drinking alcohol, the Defendant, following the victim, she reported the victim's right to ask for the victim, etc., and led the victim to force the victim by force, such as the victim's her sexual part of her sexual flag, and the victim's her sexual part of her sexual flag was left in the front part.

2. On May 2, 2013, at around 22:28, the Defendant: (a) completed a drinking job at the above frequency; and (b) told the victim to “a child, as he saw,” by using one hand, who followed the victim out of the said frequency; and (c) led the victim to indecent act by force.

Summary of Evidence

1. Statement made by ○○○○ in the second trial records; and

1. Video CDs;

[Defendant is denied a crime, but it is recognized that an indecent act was committed in light of the relationship between the Defendant and the victim, the overall circumstances of the instant case, the circumstances before and after the crime, and the consistency in the victim’s statements in the main parts]

Application of Statutes

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

§ 298. Selection of fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

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

Obligation to Submit Personal Information

Where this 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 his/her personal reference to the head of the competent police office pursuant to Article 4

Determination as to whether or not to issue an order or notification of registered information;

An order for disclosure or notification of registered information needs to be carefully and carefully given that it may have a significant impact on the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant, etc., and thus, it does not issue an order for disclosure or notification of registered information.

Reasons for sentencing

In light of the degree and circumstances of the indecent act committed by the instant crime, sexual humiliation of the victim, the victim wants to punish the Defendant, the criminal records of the Defendant do not have the same criminal records, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, the sentence like the order shall be imposed.

Freeboards