2020 Highest 3178 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in Action)

A

Escopics (prosecutions) and scopics (public trials)

Attorney Kim Jong-hwan

July 15, 2020

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

An order the accused to provide community service for 80 hours and take lectures for the treatment of sexual assault for 40 hours. An order shall be issued to the accused to place employment restrictions for each three years with child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Criminal facts

On January 22, 2020, 22:24, the Defendant committed an indecent act, such as bullyinging the victim’s her sexual intercourse in the part of the subway station located in Seocho-gu Seoul Metropolitan Government, after being attached to the victim B (a family name, female) in the subway station.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to B;

1. Statement to C by the police;

Application of Statutes

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

Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Selection of Imprisonment

1. Suspension of execution;

Article 62 (1) of the Act

1. Orders to provide community service and attend lectures;

The main sentence of Article 16 (2) and (4) 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;

Examining the reasoning of sentencing in light of the background, method and content of the instant indecent act, and the degree of indecent act, etc., the nature of the crime is very good. Although the Defendant had the record of suspended sentence due to the crime of indecent act by compulsion in 2016, the Defendant committed the instant crime: Provided, That the Defendant’s mistake is recognized. The Defendant does not want the Defendant’s punishment by mutual consent. In addition, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing indicated in the record and pleading, such as the circumstances after the crime, etc., shall be

Registration and submission of personal information

When a conviction on a crime in the judgment becomes final and conclusive, 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 head of the relevant agency pursuant to

Disclosure Order and Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the instant order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there is a special circumstance that should not disclose and notify the Defendant’s personal information. Accordingly, each of the above orders shall not be issued against 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) and the proviso to Article 50(1) of the Act on the Protection of Children

Judges Park Young-soo