2015 Highest 5733 Indecent Act by compulsion

(j) ① (57 years old, surplus) and physical therapy;

Residentialization City

Dongjak-gu Seoul basic domicile

Impacting (prosecutions) and on the freeboard (public trial)

January 21, 2016

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Criminal facts

The Defendant is a physical clinic of the ○○○○○○○○○○○ Council member, and the victim’s ○○○○ (the age of 55, the female) is a patient who has a shouldered to the above hospital.

On August 31, 2015: around 30, 2015, the Defendant demanded the victim to be out of the left part of the body part of the body part of the Defendant, i.e., the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ ○○○○○ ○○○○○○ ○○○○○○○ ○○○ ○○ ○○.

Therefore, the victim forced the victim to commit an indecent act by putting his/her own left hand into the inner part of the victim's panty and exposing his/her left hand to the inner part of the victim's panty, with his/her hands over.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to ○○○ by the police officer

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 298 of the Criminal Code, Selection of Imprisonment

1. Order to complete a program;

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

Reasons for sentencing

1. Scope of the recommended sentences according to the sentencing criteria;

[Scope of Recommendation Form]

General Standard Indecent Act by Indecent Act (subject to 13 years of age or older), Category 1 (General Indecent Act by Compulsion)

[Person under Special Leave]

Victims vulnerable to crimes;

2. Determination of sentence: Imprisonment with prison labor for one year and four months;

After the crime of this case was committed, the defendant deposited KRW 5 million for the victim, and there was no record of punishment exceeding the same criminal record and fine, and he reflects his criminal act.

However, as a physical therapy, the Defendant, as a patient, tried to dypology and request the victim, who was in a state without any proper form of clothes that had not been previously demanded by the previous time, and then added to the victim’s panty panty hyp that had been kept in a state of hyp, and the victim, “I am hyp and hyp, even if I am hyp, I am hyp, and the crime is very poor. The victim, as the victim’s act of the victim, led to extreme mental impulse and sexual humiliation, and the victim was unable to be used by the victim.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, etc. of the defendant shown in the records and pleadings of the case, shall be determined as ordered in consideration of the following factors.

Obligation to Submit Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant 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 Violence Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Disclosure Order and Exemption from Notice Order

Comprehensively taking into account the defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or prohibition order, the preventive effect of sexual crimes subject to registration to be achieved due to such order, the effect of protecting the victims, etc.

In light of the foregoing, it is determined that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Cleaning Years, and there is no order for disclosure or notification to the accused.

Judges Yang Jin-soo