2017 Highest 2483 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts, etc.

A

Park Jong-young (prosecutions) and the highest court;

Attorney B, C.

August 9, 2017

Defendant shall be punished by a fine of KRW 3,000,000. 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 the sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

The defendant is the representative director of the office of the building company located in Busan Central District District D, and the victim F is an employee working for the same company, and the defendant is a person who protects and supervises the victim due to business and employment relationship.

On October 10, 2016, around 22:00, the Defendant committed an indecent act by force on the part of the victim, such as, under the influence of alcohol inside Hhof house located in Busan Jung-gu G, Busan, the victim hhobly hump, and humping the victim into the left side of the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Complaint;

Application of Statutes

1. Article applicable to criminal facts;

Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) 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. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant commits an indecent act against his will against the victim who is in business or employment relationship, and the victim is also punished.

However, around 192, the Defendant did not have any criminal record other than the fine imposed due to the violation of the National Technical Qualifications Act, and did not have any criminal record in depth, and deposited 30 million won for the victim, and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, circumstances leading to the crime, means and methods of the crime, results, etc., shall be determined as ordered in consideration of the sentencing conditions, such as the circumstances after the crime.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with 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

Disclosure Order or Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention effect of sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., the Defendant shall not issue an order of disclosure or notification to the Defendant, on the grounds that there are special circumstances that the disclosure or notification of personal information may not be disclosed or notified.

Judges Boh-ho