2019Gohap343 Indecent Act by compulsion

2019Report14(Consolidated) Probation Order

A

Yellow Britain, leaptable, and Lee Jae-chul (Public trial)

Law Firm Thai, Law Firm

[Defendant-Appellant]

May 29, 2019

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

An employment restriction shall be ordered to a child or juvenile-related institution, etc. for two years.

The request for probation order of this case is dismissed.

Criminal facts

1. On October 10, 2018, at around 08:42, the Defendant and the claimant for probation order (hereinafter referred to as the “Defendant”) committed an indecent act by force against the victim D (L, 35 years of age) following the victim D (L, 85 years of age) in front of the display stand at the first floor of the C sales outlet located in Jongno-gu Seoul Metropolitan Government B building on the following day.

2. On October 10, 2018, at around 08:47, the Defendant committed an indecent act by force against the victim E (the 32 years old), followed by the victim E (the 32 years old), who was on the 2nd floor of the said C sales outlet, by inserting the victim’s own hand toward the her her humf, by inserting them into the victim’s humf, and by forcing the victim to commit an indecent act.

3. On October 12:45, 2018, the Defendant committed an indecent act by force against the victim by taking the victim H (name, finite, age 31) out of “G” located in Jongno-gu Seoul Metropolitan Government F as a wall before “G” carpets, and by holding the victim’s kele on one hand, and by taking other hand only the victim’s gate, and committing another indecent act.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement of H;

1. Each statement of D and I;

1. Investigation report (to hear victim E-mail statements);

1. CCTV CDs and caps photographs;

Application of Statutes

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

§ 298 of the Criminal Code

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed by indecent act by force against the victim H with the largest penalty)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

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

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and the Notice Order, 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 (no criminal record exists with respect to the defendant, and the defendant’s age, character, character, environment, social relationship, the background and method of the crime in this case, relationship with the victims, etc., personal information registration against the defendant and participation in the sexual assault treatment lecture alone seems to have a certain degree of effect on the prevention of recidivism. In addition, in full view of the contents and circumstances of the crime in this case, the expected profits and preventive effects of the disclosure order, and the disadvantages and anticipated side effects of the defendant's injury, etc., the disclosure and notification of personal information may not be made).

1. An employment restriction order;

The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each indecent act by compulsion;

[Determination of Type] Crimes of Indecent Act by Indecent Acts by Force (General Indecent Acts by Force) on the General Standards for Sexual Crimes

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Scope of Recommendation] Reduction Area, one month of imprisonment to one year

(b) Scope of recommendation according to the standards for handling multiple crimes: One month to ten months of imprisonment (=the upper limit of basic crimes + the upper limit of the first concurrent crime + the upper limit of the second concurrent crime + 1/2 (6 months) + the upper limit of the second concurrent crime (4 months);

3. Determination of sentence;

The Defendant is highly likely to commit an indecent act against young women in carpets where many unspecified people gather in a short time, and there is a strong possibility of criticism. In particular, the crime of the third indecent act is committed immediately after being investigated by the police as a result of the previous crime. In addition, the degree of indecent act, such as the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her

However, the defendant has been suffering from 'compiced early', and the defendant seems to have reached the crime of this case due to its influence, and the defendant's her her her her her her her her her her her her her her her her her life after the crime of this case is hospitalized in the hospital after the crime of this case, and the defendant's her her her lives together with the defendant, as well as his her her her her her her her her her her her her her her her her her her life with the defendant, and the defendant has no record of punishment, and the defendant has no other her her her her age

Judgment on the request for probation order

1. Summary of the request for probation order;

The Defendant committed a sexual crime by committing an indecent act against three victims in the order of the same day as indicated in the facts constituting the crime of each case, and is suffering from her early illness, and is likely to recommit a sexual crime in the future in light of the background of the crime of this case, the result of a prior investigation on the claim

2. Determination

The probation order of this case is dismissed in accordance with Article 21-8 and Article 9 (4) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, since the probation order of this case is sentenced as ordered for each crime.

Where a conviction becomes final and conclusive on each crime in the judgment that is a sex offense subject to registration and submission of personal information, the defendant constitutes 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 in accordance

The presiding judge, the Gimology judge

Judge Lee Sung-sung

Judges Lee private-young