2020 Highest 3032, 3441(combined) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(Indecent Acts at Open Places)

Is the Defendant, 69-years, South, and North

Residential Ulsan

The delay of gambling (prosecution) and the stay of gambling (public trial)

Attorney Doh-soo (Korean)

September 24, 2020

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

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

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for disabled persons for five years.

Criminal History Office

【Criminal Records】

On March 9, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Ulsan District Court on September 7, 2017, and completed the execution of the sentence at the port prison on September 7, 2017. On July 25, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime in the same court on July 25, 2019. On May 7, 2020, the Defendant

[200 Highest 3032]

1. A crime committed against the recipient of the victim's decoration (the name, duration, and age of 24);

On July 1, 2020, at around 22:28, the Defendant: (a) boarded the bus bus No. 654 in Ulsan-gu, Ulsan-gu, No. 400; (b) pushed the Defendant’s body behind the victim’s, etc. by using a large number of passengers; and (c) committed an indecent act against the Defendant’s sexual part on the part of the victim.

2. A crime against the victim's scrap metal (the life, leisure, and 22 years old);

The Defendant, immediately after committing the crimes described in the above paragraph (1) in a bus as described in the above paragraph (1) above, used many passengers to fluorize the body of the Defendant following the victim, etc., and committed an indecent act against the victim’s sexual flag on the part of the victim.

Accordingly, the Defendant committed an indecent act against the victims in public transportation, public performance and assembly places, and other densely-populated places.

[200 Highest 3441]

At around 22:30 on July 1, 2020, the Defendant was on board a city bus no more than 400, in the area of Ulsan-dong, Ulsan-gu, Busan-dong, a store near the department store, and was on board a city bus no more than 400, the Defendant committed an indecent act against the Defendant’s sexual flag on the part of the victim’s leap○○ (n, 25 years of age) who was on board the same bus by using a large number of passengers, and caused an indecent act on the part of the victim’s sexual flag. Accordingly, the Defendant committed an indecent act on the part of the victim at means of public transportation, public performance, assembly, or other densely concentrated places.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the victims and each police statement of the victims;

1. CCTV images, such as CCTV closure photographs;

1. Table 1 of 112 Handling of reported cases; 1. Application of Acts and subordinate statutes concerning criminal records, written judgments, and current status of personal confinement;

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. Aggravation for repeated crimes;

Article 35 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 complete programs;

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;

The reason for sentencing is that the Defendant commits an indecent act against the victimized women in bus, and the Defendant is bad, and the Defendant has committed several offenses with the same content as the instant crime, and each of the instant offenses was committed during the same repeated crime period, and it is inevitable to sentence the Defendant as to the Defendant. In full view of all the circumstances leading to each of the instant offenses, including the background leading up to the instant offenses, the degree of indecent act, the Defendant’s age, environment, circumstances after the commission of the offense, and criminal records, the term of punishment against the Defendant shall be determined as ordered.

Where a judgment 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 competent agency pursuant to Article 43 of the same Act.

Exemption from Information Disclosure Order or Notice Order

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Judges electrical interest