2014 Highest 8843 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts, etc.

A

The United States of America, Kim Jong-tae (Trial)

Law Firm B, Attorney C

March 11, 2015

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 order the completion of a sexual assault treatment program for 24 hours.

Criminal facts

The defendant is the executive director of the Gangseo-gu Busan Metropolitan Government (State) E and the subsidiary company of the above company as a shareholder of the business F, the subsidiary company of the above company, and is in a position to exercise the power of personnel management of the victim G (the State, 35 years old) who is the F member of the company.

At around 5, 2014. 5, 9. 22:00, the Defendant: (a) demanded that the victim could not easily refuse the hearing of the Defendant due to his job-related relationship, using the fact that (b)F employees and the victim could not refuse the hearing of the Defendant; and (c) demanded that the victim's arms which the Defendant refused to refuse to refuse to do so by inserting hand between his hand and his body; (d) brought the victim's body into the victim's body; and (e) put the Defendant's sexual organ into the victim's body, and said that "the person who has entered the victim's body" is "the person who has the same as the end of the day."

Therefore, the defendant committed an indecent act by force against the victim under the protection and supervision of the defendant due to the occupational relationship.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement prepared in the I;

1. Recording notes;

Application of Statutes

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

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

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to complete programs;

Where a conviction becomes final and conclusive with respect to the crime of this case, which is a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 the accused is obligated to submit

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges Lee Dong-won