2018False2787 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in Action)

A

Maok-young (prosecution) and Gu resources (public trial)

Attorney Lee Dong-young (National Assembly)

May 16, 2019

Defendant shall be punished by a fine of KRW 3,000,000. 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 facts

On May 16, 2018, around 07:40 on May 16, 2018, the Defendant committed an indecent act against the victim in the D Village bus, which was parked in front of the bus stops in Seocho-gu C, Seocho-gu, in the right after the victim E (n't, 25 years of age).

Summary of Evidence

1. Legal statement of witness E;

1. E statements and additional statements;

1. Application of Acts and subordinate statutes to report internal investigation (on-site confirmation) (the defendant denies the crime, but the victim's statement is specific and consistent, consistent, and the situation in the bus at the time complies with the victim's statement. Therefore, it is reasonable to deem that the defendant committed an indecent act against the victim's will)

1. Article applicable to criminal facts;

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

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 against the victim in the village bus.

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, circumstances after the crime, degree of indecent conduct, etc., shall be determined by considering the fact that the defendant suffers from intellectual disability 3 and liver diseases.

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 4

Orders to disclose or notify personal information and exemption from employment restrictions orders;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following: (a) the Defendant’s age, social relationship, details or methods of the crime, and circumstances after the crime are likely to be low; (b) the Defendant appears to have the effect of preventing re-offending even through the registration of personal information and the completion of a sexual assault treatment program; and (c) other social benefits expected by the disclosure order, notification order, and employment restriction order, as well as the effect of preventing sexual crimes, and the disadvantages and anticipated side effects of the Defendant, the disclosure order, notification order, and employment restriction order shall not be issued.

It is so decided as per Disposition for the above reasons.

Judges Laos