2019 Highest 7643, 2020 Highest 3162(Joint)

Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place);

Fraud, Violation of the Specialized Credit Finance Business Act, Embezzlement of Possession

A

Park Jong-young (prosecution) and public trial;

Attorney Kim Han-hee (Korean National Ship)

2020,7.8

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

Criminal facts

[2019 Highest 7643]

On October 28, 2019, at around 02:22, the Defendant: (a) discovered the victim D (n, 24 years of age); (b) decided that the victim would not speak at any time; and (c) kidd the victim’s chest with her finger hand. Accordingly, the Defendant committed an indecent act against the victim within the history of the vehicle where the public is concentrated.

[200 Highest 3162]

1. Embezzlements of lost possession;

At around 18:00 on August 15, 2019, the Defendant acquired one agricultural credit card, one modern credit card, one national physical fitness card, one old Spanish site one, one of three national credit card, and one of the mobile phones 8 mobile phones in Samsung Tallon, where the market price owned by the victim G was unknown in the vicinity of Suwon-gu E, Suwon-si, Suwon-si, the victim G.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. Fraud and violation of the Specialized Credit Finance Business Act;

On August 15, 2019, the Defendant presented to the victim the “J” operated by the victim of the Victim P in Suwon-si, Suwon-si, Suwon-si, as seen above, the G-owned G’s physical fitness card that was embezzled as if the genuine right was granted, and the Defendant received food of KRW 24,000 at the market price from the victim.

In addition, from August 16, 2019 to August 20:30, the Defendant deceiving the victims on a total of 32 occasions, such as the list of crimes in the attached Table, and received goods equivalent to the total of 850,200 won. G used the lost credit card.

Summary of Evidence

[2019 Highest 7643]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (a CCTV confirmation case at a place of crime), a report on investigation (a report on a place of crime confirmation);

1. Photographs of the suspect's appearance [200 highest 3162];

1. Defendant's legal statement;

1. Statement of victim in the G preparation;

1. The statement of the victim (K), the statement of the victim (L), the statement of the victim (M), the statement of the victim, the statement of the victim (N), the statement of the victim (I), the statement of the victim (O), the statement of the victim (P), the statement of the victim (R), the statement of the victim, and the statement of the victim (S);

1. Investigation report (a CCTV investigation by card users);

1. Details of card use and certification of KB card use;

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, Article 360 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 and 1 of the Specialized Credit Financial Business Act

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order to complete programs;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

The Defendant, on the grounds of sentencing, was sentenced to the suspended sentence of imprisonment for the crime of attempted rape, etc. in 2019, committed each of the instant crimes during the suspended sentence period. The Defendant did not receive any conviction from the victim of indecent act by compulsion. Moreover, the Defendant acquired the lost card, etc. and obtained property, etc. by illegally using it over 32 occasions, and was not recovered from the victims’ damage. However, the Defendant’s mistake is recognized. In addition, the Defendant’s punishment is determined as ordered in consideration of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all the conditions of the sentencing specified in the record and pleadings.

Registration and submission of personal information

When a conviction on a crime in the judgment becomes final and conclusive, 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 head of the relevant agency pursuant to

Disclosure Order and Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the instant order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of the protection of victims, etc., there is a special circumstance that should not disclose and notify the Defendant’s personal information. Accordingly, each of the above orders shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children

Judges Park Young-soo