2015 Highest 4391 Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Public)

Indecent Acts in Crow Places)

2015 Highest 4802(Joint) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

Unlesslessless d, etc. and photographed

A

Gamba, grandchildren (prosecutions), stuffs (public trial)

Attorney B (Korean National Assembly)

January 15, 2016

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 of the final judgment.

The defendant shall order 40-hours of the sexual assault therapy and 80-hours of community service.

One set (No. 1) of the seized mobile phone (No. 5S) shall be confiscated.

Criminal facts

"2015 Highest 4391"

Around 07:55 on August 18, 2015, the Defendant committed an indecent act against the victim by using a boom booming train in Gangseo-gu Seoul Metropolitan Government, and by using a booming booming booming booming around the victim C (V, 26 years of age).

"2015 Highest 4802"

On July 14, 2015, at around 23:44, the Defendant, at the airport of Gangseo-gu, Gangseo-gu, Seoul, 63 subway lines 9:4, the Defendant attempted to take a cell phone of the Defendant’s cell phone attached even after the victim D (Inn, 29 years of age) into the center of the victim’s body, and attempted to take the body of the victim back by using the aforementioned cell phone camera function, but attempted to take the body of the victim back, but failed to take the wind known to the victim.

Summary of Evidence

"2015 Highest 4391"

1. Court statement of the defendant (the second trial date);

1. A written statement prepared in C;

"2015 Highest 4802"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. CCTV photographs of the suspect who has escaped after sloping photography, and photographs of the suspect who has been stamped on a route bus boom;

1. Report on internal investigation (related to the confirmation of the attitude of a suspected person, subway through investigation into an generated place);

Application of Statutes

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

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Space), Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (in the event of attempted use of cameras, etc.) and selection of imprisonment, respectively.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes)

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 or order to provide community service;

Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Disclosure of Registered Information and Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify personal information.

Registration and submission of personal information

Where a conviction becomes final and conclusive on each crime subject to registration of a sex offense, 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 competent agency pursuant to Article 43

Reasons for sentencing

In full view of the following circumstances and the defendant's age, character and conduct, environment, circumstances, background and degree of indecent act, records and frequency of shooting, circumstances after committing the crime, etc., the punishment shall be determined as ordered and the execution of the punishment shall be suspended.

○ Unfavorable Circumstances: The Defendant was sentenced to a suspended sentence of two years and six months for the crime of rape and injury resulting from rape in 2001, and the Defendant did not completely recover from the victims’ damage.

The favorable circumstances of ○: The defendant's confessions all of the crimes of this case, and the active use of the Kameras, etc. is about attempted crimes.

Judges prudent