2018Death or injury caused by indecent act by compulsion

A

Escars (prosecutions) and Habscars (public trials)

Attorney Lee Jin-sik, Lee Jin-hun, Jin-hun, Jin-hun, Doz.

January 25, 2019

A defendant shall be punished by imprisonment for not less than two years and six months.

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

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

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

Criminal facts

On June 9, 2018, at around 01:25, the Defendant reported the Victim B (Woo, 26 years of age) who returned to the Cheongju-gu, Seoul Special Metropolitan City, the Cheongju-gu, the Cheongju-gu, the Cheongju-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-kn

As a result, the defendant forced the victim to commit an indecent act, and thereby, the victim suffered approximately 14 days of medical treatment on the left-hand sleep.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation (a CCTV check at a place of crime prevention);

1. Photographss of victims, CCTV screen-faging photographs (Evidence Nos. 5), CCTV images, injury diagnoses, records of medical treatment and receipts;

Application of Statutes

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

Articles 301 and 298 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

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. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the defendant has no record of criminal punishment for sexual crimes prior to the instant case, and the defendant is likely to have an effect of preventing re-offending even with the sentence of imprisonment to the defendant, registration of personal information, an order to attend school for the treatment of sexual assault, restrictions on employment to children and juveniles-related institutions, etc. In addition, the defendant's age, environment, family relationship, social relationship, motive and consequence of the crime, method and consequence of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage caused by such disclosure or notification order, and the effect of preventing sexual crimes subject to registration, protection of the victim, etc., it shall not be determined that there are special circumstances against disclosure or notification of the defendant's personal information]

Reasons for sentencing

1.The scope of applicable sentences under law: Imprisonment of two years and six months to fifteen years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Where the result of an injury to a sex crime occurs, the first type of injury or injury resulting from the death or injury resulting from the age of 13 or older.

【Special Edifications] Reductions: Minor Bodily Injury, Non-Punishments

[Scope of Recommendation] Special Mitigation Zone, one year to three years of imprisonment

[Scope of the revised sentencing] Two years and six months from six months to four years (the lowest limit of the applicable sentencing is higher than the lowest limit of the recommended sentencing under the law, based on the statutory minimum limit of the applicable sentencing).

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: The instant crime was committed by the Defendant by coercioning the victim who had returned home on the road at his night and resulting in such indecent act and injury, and the nature of the crime is not weak. The victim seems to have caused a large mental shock and sexual humiliation due to the instant crime.

The normal circumstances favorable to ○○: The Defendant recognizes his mistake and reflects it, and there is no history of criminal punishment prior to the instant case. The degree of injury suffered by the victim is relatively heavy.

The defendant does not want the punishment against the defendant by mutual consent with the victim. The social ties between the defendant and his family members seems to be relatively clear.

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, 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 authority pursuant to

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu