2019 Highest 2408 Indecent Act by compulsion, business obstruction

Eargetable (name), 92 years old, male, and other projects;

Residential Ulsan

Reference domicile

Jinho (prosecution) and Park Jin-Jin (public trial)

May 21, 2020

The defendant shall be punished by imprisonment with labor for 6 months. The defendant shall be ordered to complete the sexual assault treatment program for 40 hours. The defendant shall be ordered to take employment restrictions for 3 years in child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Facts of crime

1. Obstruction of business;

At around June 2, 2019, Defendant 2:54, at this convenience point where the injured party in Ulsan Heavy-gu worked, the injured party could not work for the convenience store normally by avoiding a disturbance for about 30 minutes, such as drinking and drinking, drinking to the customers on the convenience store, raising the money that the customer would pay to calculate the goods, raising the money that the customer would have paid to the customer on the inside and outside of the Kabter, and intending to open the credit cooperative at that place, and keeping the victim's hand, so that the injured party could not work for the convenience store normally. Accordingly, Defendant interfered with the victim's duty of management of convenience store by force.

2. Compulsory indecent acts;

Defendant 1, at the date and time set forth in paragraph 1 and at the place of the Kabter, to the victim who was inside the Kabter (name, do, 20 to the first half of the 20 to the first half of the 20th century, "I am only one hour," and the victim's hand knife and knife the victim's hand by two descendants.

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

Summary of Evidence

1. Police suspect interrogation protocol regarding the defendant;

1. The police statement of the victim;

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

1. Relevant provisions concerning criminal facts;

Articles 314(1) and 298 of the Criminal Act and the selection of imprisonment by force

1. Aggravation of concurrent crimes;

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

1. Article 16(2)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed upon Completion Order: (a) the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (c) the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, Defendant committed an indecent act against the victim working at a convenience store by avoiding disturbance at the convenience store and interfering with his/her duties; and (c) the nature of the crime is not somewhat minor. Comprehensively taking into account all the sentencing conditions, such as the Defendant’s age, environment, circumstances after the crime, and criminal records, the Defendant’s sentence against the Defendant shall be determined as ordered.

Where the obligation to register and submit personal information becomes final and conclusive, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent authority under Article 43 of the same Act.

Defendant’s personal information registration period is 15 years in accordance with Article 45(1)3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. In full view of the nature of the indecent act by force, the nature of the remaining crimes, and the seriousness of the criminal justice in this case, it is not necessary to set the personal information registration period as a short-term period than the period according to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, the personal information registration period should not be shortened.

Exemption from Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage to the Defendant’s entry, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protection of the victim, etc., the Defendant shall not be ordered to disclose or notify the Defendant pursuant to the proviso to Articles 47(1) and 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 Sex Offenses against Children and Juveniles.

Judges electrical interest