2019 Highest8325 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in Action)

A

Courtrooms (prosecutions) and branch courts (public trial)

Attorney Kim Tae-tae

April 8, 2020

A defendant shall be punished by imprisonment for six months.

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

To be put on probation against the accused and take lectures for sexual assault treatment for 40 hours. The order shall be issued to the accused to place employment restrictions (including the prohibition of operating and providing actual labor) with child and juvenile-related institutions, etc. and welfare facilities for disabled persons for three years, respectively.

Criminal facts

At around 2019, 9, 6, 09:34, the Defendant committed an indecent act against the victim by making his sexual organ contact with the victim’s her macker in front of the passenger room located in the front of the 2nd passenger seat located in the front of the 2nd passenger seat in the front line of the 2nd passenger line, which was operating the Gangnam Station in the river basin located in Seocho-gu Seoul Metropolitan Government, Seocho-gu. Accordingly, the Defendant committed an indecent act against the victim in the front line of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to a criminal investigation report (including the process of arrest of a suspect, and appende images to the suspect’s photograph, a CD), a criminal investigation report, and a criminal investigation report;

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 Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation;

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

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. 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;

Although the Defendant had been sentenced to a fine in 2001 and 201 for the same crime as the instant crime, the Defendant again committed the instant crime. The Defendant did not receive any letter from the victim of the instant crime.

However, the Defendant recognized the crime of this case, and made efforts to prevent recidivism, such as committing a violation against his mistake, and receiving physical and mental treatment from a hospital.

The punishment shall be determined as ordered in consideration of the above circumstances, the character, conduct and environment of the defendant, the background and result of the crime, the circumstances after the crime, and all the sentencing factors specified in the records and pleadings of the case.

When a conviction on a crime subject to registration becomes final and conclusive in the judgment on a sex crime subject to registration, the accused 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 Article

Disclosure Order and Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order, and notification order of the instant crime, as a whole, the degree and expected side effects of the Defendant’s disadvantage and anticipated side effects, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances where the disclosure or notification of personal information should not be made. Thus, an order to disclose and notify 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) and proviso to Article 50(1) of the Act on the Protection

Judges Jeong Sung-sung