2017 Highest 6267 Indecent Act by compulsion

Oral materials (prosecution) and public trial (public trial)

Attorney (National Assembly)

March 28, 2018

1. The defendant shall be punished by imprisonment with prison labor for six months;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

3. The defendant shall disclose and notify the information about the defendant through an information and communications network for two years.

Criminal facts

On November 10, 2017, the Defendant, at around 21:10 on November 21, 2017, ordered food and alcohol in a restaurant (hereinafter referred to as "the restaurant in this case") with the trade name "○○○" in Busan, the Defendant, who is an employee, was in the middle of his/her table, and the victim (30 years of age) was in the right part of the victim's right part.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Legal statement of ○○○○○;

2. Part of the legal statement (excluding the part falling under the professional statement) of △△ Group witness;

3. Statement made by the police at 000;

4. Application of each of the 112 Reporting Case Handling Laws

1. Article applicable to criminal facts;

Article 298 of the Criminal Act

2. Order to complete programs;

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

3. To order the disclosure and notification of registered information;

Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

The defendant does not commit any indecent act against the victim as stated in the judgment.

2. Determination

A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt as to the extent of excluding any possible doubt, but the rejection by causing a suspicion of having probative value without a reasonable ground shall not be permitted as exceeding the bounds of the principle of free evaluation of evidence. The term “reasonable doubt” refers to a reasonable doubt as to the probability of a fact that is inconsistent with the facts based on logical and empirical rules, not including all questions and correspondences, but rather to include a reasonable doubt, and it cannot be said that the doubt based on conceptual or abstract possibility is included in a reasonable doubt (see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 201).

B. The record reveals the following circumstances.

(1) The Defendant consistently stated that he did not commit any indecent act like the facts constituting the crime in the judgment from the police to this court.

(2) At the time of the instant case, there are two customers, other than the Defendant, in addition to the instant restaurant. It appears that there is no third party who has observed a indecent act against the victim, such as the facts charged by the Defendant.

C. However, in full view of the following circumstances revealed by the evidence adopted and examined by this court, it is reasonable to view that, at the time of the instant case, when the victim returned to the back of the Defendant’s table, the Defendant intentionally or by conclusive intentional act committed an indecent act against the victim on the part of the victim with his/her right tamp with the upper part of the victim's upper part of the back, it is sufficient to view that the Defendant and the defense counsel were not allowed to accept the above assertion.

(1) On the day of the instant case, the victim stated that the Defendant was guilty of indecent act from the Defendant as stated in the facts constituting the crime, and on the details of the indecent act, etc., at the time, the Defendant was a mixed meal. However, when the Defendant was able to go to the customers on the back table of the Defendant, the Defendant was able to go to the lower passage of the table, and the Defendant made a detailed and detailed statement that he was her left back to the lower part of his right, thereby having long left.

(2) On March 14, 2018, the victim appeared as a witness in this court and testified as follows.

I explained how there is any day: I would like to see what other customers I would like: I would like to see (I would like to see that I would like to see the other customers? I would like to see that I would like to see that I would like to see (I would like to see that I would like to see that I would like to see that I would like to see that I would like to see it: I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see: I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see it.

I am the same as a statement to the effect that the defendant was heard, and I would like to see: I would like to see. I would like to see that the defendant was followed (I will see the defendant), but I would see (the defendant's body) the part outside (the body).The judge : I would like to see that the defendant was sucking out several parts, and the witness'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

(3) As above, the victim's statement is consistent not only with the specific and detailed statement about the details and contents of the indecent act committed by the defendant against the defendant, the circumstances leading to the investigation agency's report, etc., but also with the following circumstances. In addition to these circumstances, the victim's statement is deemed to be sufficiently reliable.

(A) On the day of the instant case, the victim immediately reported the fact of damage to the police at around 21:15.

(B) In addition to his mother on March 14, 2018, i.e., e., e., the instant restaurant, along with his mother, appeared as a witness in this Court and testified that is consistent with the victim’s statement as follows.

B. Prosecutor: I was able to explain how there is any day : Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doctrine Doz. Doctrine Doz. Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine and Doctrine.

In addition, there have been two police officers by telephone (report). One minute is the same as the police station to submit a written complaint.

(C) The Defendant appears to have found meals several times prior to the instant restaurant. It is difficult to see that the victim, who is related to the said customer and his employees, was able to feel false facts against the Defendant, and there is no circumstance or material to suspect such facts.

1. Reasons for sentencing: Imprisonment with prison labor for a month to 10 years;

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: sex crime group - general standards - the crime of indecent act by compulsion (subject to 13 years of age or older), - Type 1 (general indecent act by compulsion), or special person: cases where the degree of indecent act by compulsion is weak (requirements of mitigation). The scope of recommending punishment: Imprisonment with prison labor for a month to one year (limited to mitigation);

3. Criteria for suspension of execution;

(a) Major reasons for participation: Where the degree of an indecent act is weak (a).

B. Reasons for general participation: The case is that the defendant committed an indecent act against the victim, who is an employee who orders food and drink in restaurant to take advantage of customers at night, on more than two occasions before the suspension of execution, and there is no serious reflective factor (each negative factor) 4. The case is that the defendant committed an indecent act against the victim, who is an employee who takes advantage of the customer by ordering food and alcohol in restaurant at night. The crime of the defendant appears to have been committed by the victim as well as sexual humiliation and humiliation, and mental shock and suffering. Nevertheless, the defendant seems to have taken the attitude of denying the crime of this case, while the defendant tried to escape from criminal liability, he did not make efforts to compensate the victim for the damage or request a writing. It seems that the defendant refused the crime of this case, and argued the admissibility of evidence of the victim's statement evidence, and the victim appears to have been present in this court as a witness, and the victim would be able to be able to be able to defend, and the victim will have been able to return to the court and tried by the second testimony.

Furthermore, even in 2012, the Defendant was sentenced to a fine of KRW 3 million for the crime of indecent act by compulsion. Moreover, on September 25, 2017, the Defendant was indicted on the part of Busan District Court on September 23, 2017, on the ground that he was to enter a restaurant operated by △△△△ on September 8, 2017 when he completed his business from △△△△, and was refused on the ground that he was at the time of the termination of his business from △△△△, why he was why she would her or not you know? He or she was sexually insult AAA, and assaulted on the part of her women at the right shoulder due to his mountain stick and assault on September 25, 2017, and committed the instant crime again on November 14, 2017 at the end of his trial.

In light of these points, since the responsibility of the defendant cannot be said to be heavy, the sentence of punishment should be imposed within the corresponding scope.

However, the fact that the defendant seems to have committed the crime of this case in a restaurant, the degree of indecent act seems not to be severe, there is no criminal power imposed, and there is only five minor fines due to the crime of interference with business, insult, assault, etc. after being sentenced to a fine in 2012 due to the crime of indecent act, which appears to have been subject to a relatively minor fine due to the crime of interference with business, the crime of insult, and the crime of assault, etc., relatively old and physically handicapped and physically handicapped third, and there are more favorable circumstances such as the fact that the beneficiary of basic living security does not have any economic condition. Therefore, these circumstances should be considered in sentencing.

In full view of the above points and other circumstances, the Defendant’s age, character and conduct, occupation, environment, family relationship, motive, method, and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as ordered.

Where a conviction becomes final and conclusive against a defendant who is obligated to register personal information and submit such information, 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.

A competent agency is obligated to submit personal information.

Judges Lee Young-chul