2019 High Court Decision 2467 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in Action)

A

He/she shall file prosecutions, Han-gu (Public trial)

January 9, 2020

Defendant shall be punished by a fine of 2,00,000 won. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting the amount of KRW 100,000 into one day.

To order the defendant to complete a sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

1. On August 8, 2019, 19: 18:11, the Defendant: (a) attached the victim’s sexual organ to the victim’s mack, after the victim (or 20 macks, macker, macker, macker, macker, macker, macker, macker, macker, macker, macker, macker, macker, macker, macker, k

2. At around 18:15 on the same day, the Defendant: (a) attached the Defendant’s sexual flag to the victim’s her part, which was in operation as a private watch, within the front dong line, which was in operation as a private watch, and (b) attached after the victim’s B (V, 27 years old).

Accordingly, the defendant committed an indecent act against the victims in the front Dong, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. An investigation report (related to the attachment of images produced by a control police officer and images to the closure thereof);

Application of Statutes

1. Article applicable to criminal facts;

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) 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. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant commits an indecent act in the manner that the defendant has committed an indecent act in the subway to the sexual organ.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and result of the crime, etc., shall be determined as the order, taking into consideration the fact that the defendant has no record of criminal punishment, the defendant entirely recognizes and reflects the crime, and other circumstances after the crime.

Registration and submission of personal information

Where a conviction of a defendant against 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 competent authority pursuant to Article 43 of the same Act. Exemption from an order to disclose

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following: (a) the Defendant has no criminal history; (b) the risk of recidivism of a sexual crime appears to be low in light of the Defendant’s age, social relative relationship; (c) the details of the crime; and (d) the Defendant’s personal information registration; and (d) the completion of the sexual assault treatment program alone appears to have the effect of preventing recidivism; and (e) the Defendant may not issue an disclosure order, notification order, and employment restriction order.

Judges Laos