2016 Highest 547 Indecent Act by compulsion, Violence, and Violation of the Framework Act on Fire Services

A person shall be appointed.

The Head of the Sinsan-gu Seoul Metropolitan City Do Do 2-gil

Reference domicile, Seo-gu, Seo-gu

E. H. H.D. (Lawsuits) and on the port of public trial (public trial)

July 15, 2016

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Facts of crime

1. Indecent acts by compulsion;

On February 3, 2016: around 35, 2016, the Defendant: (a) discovered the Defendant, who was on the top of the front line, and was on the top of the front line, and was on the top of the front line, and was on the top of the front line, who was on the top of the front line at the front line of the front line, and was on the top of the front line, and was on the top of the front line, who was on the top of the front line, and was on the top of the front line, and was on the top of the front line, who was on the top of the front line, and was on the top of the front line.

2. Violence;

The Defendant attempted to leave the scene immediately after committing the indecent act as above at the date, time, place, and place under the above paragraph (1) and assaulted the victim at one time to the right side of the victim’s face, who was sent to the scene together with the above victim E (the age of 36).

3. Violation of the Framework Act on Fire Services;

The Defendant interfered with the rescue of fire officers and the first-aid service activities by committing an indecent act against the first-aid worker D who was on duty to perform emergency medical services and assaulting E after being called out after receiving the above report at the time and place under the above paragraph (1).

Summary of Evidence

1. The defendant's partial statement in court;

1. The police statement of D and E;

1. A written statement of F;

1. A photograph and a diagnosis report on the part of the body of the victim;

1. Investigation report (Confirmation of damaged condition of victim E);

[The defendant asserts that the victim D's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her b.

Application of Statutes

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

Article 298 (Indecent Act by Indecent Act, Selection of Imprisonment) of the Criminal Act, Article 260 (1) of the Criminal Act (Indecent Act by Indecent Act and Imprisonment)

Article 50 Subparag. 1(c) and Article 16(2) of the Framework Act on Fire Services (Selection);

Imprisonment)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Order to attend lectures;

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

Reasons for sentencing

1. Application of the sentencing criteria;

(a) A primary crime (a)

[Scope of Recommendation Form 1] General Standard Indecent Act by Indecent Acts (subject to the age of 13 or above)

c)special mitigation (one month to one year of imprisonment).

[Special Mitigations] Where the exercise of tangible power is considerably weak, the degree of indecent conduct is weak.

(b) Second offense (Assault);

[Extent of Recommendation] Class 1 (General Violence) Scope of Violence ( Imprisonment from February to October)

(c) The range of final sentence due to the aggravation of multiple crimes: Imprisonment for not less than two months (the lowest limit of the recommended sentence shall apply to the crimes of indecent act by compulsion, assault, and the crimes of violation of the Framework Act on Fire Services in which no sentencing guidelines are set in the holding are concurrent crimes);

2. Determination of sentence;

A favorable reason is that the defendant has no ability to be punished or punished in excess of a fine for the same kind of crime.

The crime of this case is an indecent act against the fire fighter dispatched for the purpose of providing relief to the defendant, and it is not good that the crime of this case was committed, and the defendant did not make efforts to recover from damage.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered by taking into account the various sentencing conditions specified in Article 51 of the Criminal Act.

Registration and submission of personal information;

Where a conviction against a defendant becomes final and conclusive, 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 head of the competent police office pursuant to Article 43 of the same Act.

Disclosure Order or Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there is a special reason that the Defendant shall not disclose or notify personal information. Thus, the Defendant shall not be ordered to disclose or notify the information.

Judges Jeong-ho