20 Highest 3187 Indecent Act by compulsion, Injury

Hahz, 65-years, South and North Korea, and the Board of Directors

Housing Daegu

The delay of gambling (prosecutions) and effect of gambling (public trial)

Attorney Kim Kim (Korean National University)

November 26, 2020

A defendant shall be punished by imprisonment for not less than eight months.

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

For each five years, an employment restriction shall be issued to the accused at child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities.

Criminal facts

1. Indecent acts by compulsion;

피고인은 2020. 5. 16. 19:30경 경남 김해 대동에 있는 중앙고속도로 대동JC에서부터 경남 양산에 있는 중앙고속도로 지선 물금 IC 부근까지 피해자 김옥경(가명, 여, 64세) 이 운전하는 부산 ??호 택시 조수석에 탑승하여 가던 중 갑자기 "사랑하고 싶다. 나랑 사랑 안할래. 나 하고 싶은데, 너 씹해봤냐."라고 말하면서 손으로 피해자의 손목을 잡아 당기고, "뽀뽀하자."라고 말하면서 팔로 피해자의 어깨를 감싸고, "찌찌한번 만져보 자."라고 말하면서 손으로 피해자의 가슴을 움켜 쥐고, 손으로 피해자의 허벅지와 옆구리를 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Injury;

At around 19:45 on May 16, 2020, the Defendant got in front of the door of apartment house in order to leave the place where the cab was found to have reported to 112. On the other hand, the Defendant got out of the place where the cab was removed from the 112. On the other hand, the Defendant got out of the place where the cab was removed from the 112. On the other hand, on the other hand, when the her left side of the son's drinking, the Defendant inflicted an injury such as the fright of the fright, etc. which requires treatment for about two weeks on the other hand.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police concerning Kim-ok;

1. Habs receipt, CCTV images-faging photographs, and written injury diagnosis;

Application of Statutes

1. Article applicable to criminal facts;

Articles 298 and 257(1) of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

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

1. Order to complete programs;

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 reason for sentencing is that the defendant committed an indecent act against a female taxi driver on an expressway, such as having flicker flicker, buckbucker, etc., and the victim stopped and reported at the scene, and the defendant left the scene and inflicted an injury upon the victim's flicker by walking the victim's flick, and flicker, etc., and the criminal liability is heavy, and the defendant has a majority of criminal records of violence.

Even if there are circumstances agreed with the victim, it is inevitable to sentence the defendant to be sentenced to punishment. In full view of all the factors such as the background leading to each of the crimes of this case, the degree of indecent act and bodily injury, the age and environment of the defendant, and the circumstances after the crime, the punishment against the defendant shall be determined as ordered.

Where a judgment becomes final and conclusive, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The registration period of personal information of Defendant is 15 years in accordance with Article 45(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the crime of indecent act by compulsion and the crime of other crimes in which personal information is the cause of the registration of personal information, the nature of the crime and the severity of the crime, etc., the registration period of personal information in this case is determined as not necessary to be set a short-term period than the period according to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Exemption from Information Disclosure Order or Notice Order

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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Judges electrical interest