2020 Highest 1938 Indecent Act by compulsion

A

Kim Jong-Ba (Public prosecution) and a new branch of trial

Attorney B

on October 30, 2020

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

Criminal History Office

At around 09:00 on June 6, 2020, the Defendant discovered the victim E (Nam, 29 years of age) that was accumulated in the 'D private house in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si C', and made an indecent act by force on the victim's sexual organ two times by making it available to the victim's sexual organ only once in the next part of the victim's hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to E, and written self-defense of victims;

1. Application of Acts and subordinate statutes to report internal investigation (the credibility of a statement is recognized because the victim has stated in detail and in detail the damaged facts at an investigative agency, and the victim's motive to make a false statement or circumstances that make a false statement do not peep into those circumstances that make a false statement, etc.)

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

Article 298 of the Criminal Code, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

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 shall be registered and submitted.

Where a conviction of a defendant is finalized on the crime in the judgment, 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 a related agency pursuant to Article 43

Disclosure and Notification Orders and Exemption from Employment Restriction Orders

Article 47(1) and Article 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities shall not be issued to the accused, taking into account the following circumstances: (a) the accused’s age, family environment, social relationship, occupation, job, social benefits expected by the disclosure and notification order, the details and result of the instant crime; (b) social benefits expected by the employment restriction order; (c) the effect of the prevention of sexual crimes; and the disadvantages and anticipated side effects of the accused.

The reason for sentencing is that the defendant has no previous convictions in the same way, and all the conditions of sentencing shown in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered.

Judges, History Spot