2020 Highest 3807 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Telecommunications Media)

obscenity)

A

Maximum leaps (prosecutions) and Lee Sung-ho (Trial)

Attorney Lee Do-young (National Election)

October 7, 2020

The sentence against the accused shall be 5,000,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Criminal facts

On July 14, 2020, from around 21:25 to 21:38, the Defendant sent the message to the victim D (D, Vietnam nationality, 32 years old) and Kakakakao Kakao Kakao Kakao am which was known to the Defendant in the past’s human resources office located in the area located in Gwangju Northern building C, and then sent the message to the victim who caused sexual humiliation or aversion with the intent to satisfy his own sexual desire by transmitting the message “I want to ask how much South Koreans are, I want to ask?”, “I, I,” “I, you, you, you, you, you, you, you, now, come to know how much the other is,?” and “I, you, you, now, sent the message to the victim, so that I might feel sexual humiliation or aversion with the intent to satisfy their own sexual desire.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Kakao messages, etc. (26 pages of investigation records);

Application of Statutes

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

Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Detention in a workhouse;

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

1. Order to attend lectures;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Orders to disclose and notify personal information, and exemption from employment restrictions orders;

In light of the defendant's age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, disclosure order, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's entrance, and the preventive effect of the sexual crime that can be achieved therefrom, it is judged that there are special circumstances that the defendant's personal information should not be disclosed or notified, or that the defendant's employment restriction should not be ordered in the institutions related to children and juveniles and the welfare facilities for the disabled pursuant to Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49 (1) and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of

Reasons for sentencing

In light of the contents of the instant crime, the fact that the Defendant committed the instant crime during the suspension period of the execution of imprisonment with prison labor, the fact that the Defendant committed the instant crime by contingency under the influence of alcohol, the fact that the Defendant agreed with the victim, the Defendant’s age, character and conduct, records of the instant crime, etc., and the overall sentencing conditions on the arguments and records

Registration and submission of personal information

When a conviction on the crime of this case is confirmed, the defendant becomes 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same

Judges Kim Jong-sik