2019 Highly 611 Indecent act by indecent act (predecent act by indecent act)

Manife (name), 93, South, and North

Residential Ulsan

Reference domicile

The area of Kim Jong-young (Public trial) and Kim Young-young (public trial)

Attorney Kim Kim (Korean National University)

May 15, 2020

Defendant B shall be punished by a fine of KRW 50 million. Defendant B shall be confined to the head of the Nowon Station for the period calculated by converting the amount of KRW 100,000 into one day if the said fine is not paid by the Defendant.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours against the defendant. The defendant shall be ordered to place restrictions on employment (including operation and actual provision of labor) with the child and juvenile-related institutions, and welfare facilities for the disabled for three years, respectively.

To issue an order to pay an amount equivalent to the above fine.

Facts of crime

피고인 은 2019. 5.11. 03:00경 울산 북구 ○○우동포차에서, 다른 식탁 에 앉아 있던 피해자 이손 님 ( 여 , 가명)에게 갑자기다가가 피해자를 향해 양팔을 벌리고 피해자를 감싸 안 으려고 하면서오른손을 피해자 의 왼쪽 뺨 에 대면서 귓속말을 하려는 태도를 보였다.

As a result, Defendant was forced to commit an indecent act against the victim.

Summary of Evidence

1. The defendant's partial statement

1. He/she has made a legal statement on the personal effects of the witness (titled) and the personal effects of the witness;

○ 위 각 증거 에 의하면 다음 사실 이 인정된다. 피해자는 1999년생 여자로 피고인 과는 전혀 일면식 도 없는 사이이다. 피고인은 일행과 함께 다른 식탁에 앉아 있던 피해자 에게 갑자기 다가와 한쪽 손으로 피해자의 왼쪽 뺨 을 접촉하고 피해자를 감싸 안으려고 하며 귓속말 을하려고 하였다. 이때 피고인은 피해자 귀 바로 옆까지 자신 의 얼굴 을 들이 대었다. 즉시 피해자가 놀라 뒤로 물러나고 피해자와 함께 있던 이일행이 피고인 의 팔 을 잡으며이를 제지하였고, 이로 인해 피고인 및 피해자, 이일행과 사이에 다툼 이 일어났다. 당시 피해자는 기분 이 나빴고 성적 수치심을 느꼈다고 진술하고 있다.

In light of the above-mentioned intent of the victim, attitude of the defendant's act, objective situation at the time of the instant case, etc., the defendant's intent to commit an indecent act can be acknowledged.

○ An act of causing sexual humiliation or aversion to the general public and contrary to the good sexual morality concept against a victim without one’s own sparing her face against the victim without one’s own sparing. Therefore, the act of infringing on the victim’s sexual freedom is considered as an act of infringing on the victim’s sexual freedom, and in itself, an indecent act by compulsion is deemed to have been committed. The application of the statute is to apply.

1. Relevant legal provisions and selection of punishment on the facts of crime;

§ 298 of the Criminal Code, Selection of a fine

1. Invitation in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

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

1. Where a conviction is finalized as to the facts constituting a sex offense subject to registration and submission of new information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1)1 of the Act on Welfare of Persons with Disabilities, inasmuch as 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, he/she is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

Disclosure Order and Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, disclosure order, and notification order of the instant crime, the degree and expected side effects of the Defendant’s disadvantage, the prevention of a sex offense subject to registration to be achieved therefrom, and the protection effect of the victim, the instant case is a case for which the Defendant requested a regular trial, and where no disclosure order or notification order has been imposed, there is a special circumstance that the Defendant’s personal information should not be disclosed or notified. Thus, it is not ordered to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) proviso 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) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judges Jeong Jong-soo