200 Highest 155 Indecent Act by compulsion

A

Kim Tae-young (Public prosecution), Lee Jong-young (public trial)

Law Firm Sejong-jin

[Defendant-Appellee]

October 26, 2020

Defendant shall be punished by a fine of KRW 1,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

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

To order the defendant to pay an amount equivalent to the above fine.

Criminal facts

The defendant is a person employed in B as a daily contract worker, who works in C, and is in the first place with the victim D (the victim, 28 years old).

On August 29, 2019, the Defendant: (a) around 18:20 on August 29, 2019, the Defendant: (b) called, “I will see why I would see that I would like to go back to I? I would like to go? I would like to go again to I? I would like to go to the BF on the fourth floor.”

At around 18:30 on the same day, the Defendant saw the shower at the above accommodation without putting clothes out of it, and first saw the shower, but saw the victim who was living in the above accommodation? Here, the Defendant committed an indecent act by force by spreading the victim's buckbucks and writing the shoulder.

Summary of Evidence

1. Statement in this court of the defendant;

Application of Statutes

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

Article 298 of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

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

1. Order of provisional payment;

Article 334 (1) of the Criminal Procedure Act shall apply to the registration and submission of personal information

Where a conviction of a defendant is finalized on the crime in the judgment of the court, 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 Crimes, and is obligated to submit personal information to the related agency pursuant to

Disclosure and Notification Orders and Exemption from Employment Restriction Orders

Comprehensively taking account of the Defendant’s age, type of crime, process of crime, records of crime, social benefits expected by an order of disclosure and notification, and the effect of preventing sexual crimes, disadvantages and anticipated side effects of the Defendant, etc., the disclosure and notification of the Defendant’s personal information or the issuance of an order of restriction on employment to a child or juvenile-related institution, etc. and a welfare facility for the disabled shall not be ordered to place an employment. As such, there are special circumstances where an order of disclosure, notification, and restriction on employment shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article

The reason for sentencing is that the defendant confessions the crime and reflects the fact that the defendant is committing the crime, the degree of force and the degree of indecent act is not serious, the victim has agreed to pay 3,00,000 won to the victim, the fact that the defendant has no record of punishment for the same kind of crime, the defendant has no record of punishment, and the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be sentenced to 1,00,00

Judges Lee Jin-jin