Cases
2018 Highest 2411, 2525(Joint) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
(C) A person who has attempted to use or take photographs of Kameras, violence, etc.
Violation of the Punishment Act (joint assault)
Defendant
A
Prosecutor
He/she shall have the right to file a prosecution, the right to file a prosecution.
Defense Counsel
Attorney Cho Jae-young (Korean)
Imposition of Judgment
September 20, 2019
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Seized evidence subparagraph 1 shall be forfeited from the accused.
Reasons
Criminal facts
"2018 Highest 2411"
On July 6, 2018, at around 14:00, the Defendant tried to take photographs against his will, by inserting the Defendant’s cell phone in the upper part of the partitions where the victim was in order to take a string of the body of another person who could cause sexual humiliation or sense of shame by inserting the cell phone into the upper part of the partitions where the victim was in order to take a string of the body of another person who could cause sexual humiliation or sense of shame, but it did not go through the wind of the victim discovered the string of the sound.
"2018 Highest 2525"
At around 03:20 on September 8, 2018, the Defendant, in the process of drinking alcohol together with 'F' in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu and drinking alcohol with other customers H (19 years of age) who are other customers, was in a dispute with each other, and the victim's shoulder is pushed down with the victim's shoulder, the part was pushed down with the wall, and the victim was pushed up with the wall, and the victim's face was faced with the wall. In drinking, the victim's flap and head car were flad with the victim's face, G was flad with the victim's face, G was flad with the victim's face, and flad with the victim's drinking.
Accordingly, the defendant assaulted the victim jointly with G.
Summary of Evidence
"2018 Highest 2411"
1. Partial statement of the defendant;
1. Each legal statement of witness D and I;
1. Entry of each part of the protocol concerning the prosecution and the police interrogation of the accused;
1. Each protocol of the police statement made to D (alias) and I;
1. Written statements of D (alias) and I;
1. Police seizure records;
1. Photographs of the case site;
1. Investigation report (C investigation of the counter party of the C business owner);
"2018 Highest 2525"
1. Defendant's legal statement;
1. A protocol of suspect examination of G police officers;
1. CCTV photographs, etc. of the accused, and CCTV images of the scene of the case;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 15 and 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 2(2)1 of the Punishment of Violences, etc. Act; Article 2(1) of the Criminal Act (a point of joint violence) (a point of joint violence); the selection of each imprisonment term.
1. Aggravation for concurrent crimes;
The former part of Article 37, Article 38 (1) 2, and Article 50 of the Act
1. Order to complete programs;
Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. Confiscation;
Article 48 (1) 1 of the Criminal Act
Reasons for sentencing
The crime of violation of the Punishment of Violence, etc. Act (joint assault) by the defendant is led to confession and reflect; the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing) is committed; the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is committed; the crime of violation of the Punishment of Violences, etc. of this case (joint assault) is committed smoothly with the victim; the crime of this case is not easy in light of the circumstances of each crime of this case and the attitude of act; the defendant was punished several times from around 2015 due to violent crimes before the instant case; the defendant was punished several times from around July 2015; and the crime of this case was committed without being sentenced to a suspended sentence of three years for a year of imprisonment with prison labor on July 1, 2016; and other circumstances revealed in the records and arguments of this case shall be determined as ordered by the
When a conviction on a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, etc. of Sexual Crimes) in the judgment that is subject to registration and submission of personal information becomes final and conclusive, the defendant is subject to registration of personal information pursuant to Article 42 (1) of the same Act, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act. The period of registration of personal information of the defendant is 15 years pursuant to Article 45 (1) 3 and (2) of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which is the cause of the registration of personal information, and the other crimes committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the cause of the registration of personal information, shall be determined as unnecessary to determine the period of registration of personal information more than the period according to the sentence of punishment of sexual crimes. Thus, the period of registration of personal information shall not be shortened.
Disclosure and Notice Order, Exemption from Employment Restriction Order
In full view of the Defendant’s age, occupation, risk of recidivism, motive for the instant crime, method of crime, seriousness of consequence and crime, anticipated side effects and expected side effects of the Defendant’s entrance due to an order of disclosure or notification, prevention and effect of sexual assault crimes subject to registration that may be achieved therefrom, protection effect of the victim, etc., it is determined that there are special circumstances that need not disclose and notify the Defendant’s personal information pursuant to the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar.
Judges
Judge Han Han-sung