2014 Highest 1417 Indecent Act by compulsion

○○ Kim (1968years) (1968) and marina business

Stambling (prosecutions) and stuffing (public trial)

Attorney Park Ho-hoon (National Election)

February 12, 2015

피고인을 징역 10월에 처한다. 피고인에게 80시간의 성폭력치료 프로그램의 이수를 명한다.

Criminal facts

On August 26, 2014, from around 23:00 on August 26, 2014 to 01:00 on the following day, the Defendant recommended Ha○○○ (n, 27 years of age) and her husband to receive a marina as a new mixed father to provide information on the so-called so-called "so-called Mamamag" to the separated massage room, and attempted to commit an indecent act against the victim by taking advantage of his sexual desire during which the Defendant had a magment against the victim.

The defendant, while taking a marina with the victim, was "heat off the part of the victim" while trying to escape from the victim's body while making the victim's body's body management. The defendant allowed the victim's body to be out of the above part of the victim's body, and the chest of the victim's body to be out of the part of the part of the victim's body, and asked the victim's body to be out of the part of the part of the victim's body, and the victim's body to see the part of the part of the victim's body, and the victim did not go back to the part of the other part of the victim's body due to his experience, so that the victim continued to go back to the end of the part of the victim's body, the victim's panty was frighted up to the part of the west body, and then the victim's body was hicked, followed by the victim's knick and forced the victim's face with the victim's face, and forced the victim's own body.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 298 of the Criminal Act;

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Reasons for sentencing

The sentencing guidelines shall be based on the recommended range of sentence [the sex crime group, the crime of indecent act by compulsion (subject to 13 years of age or older), the first category (general indecent act by compulsion), the basic area: imprisonment with prison labor for 6 months or more - two years] and the following circumstances.

○ A favorable normal situation: A person who has no record of being punished for the same crime;

○ Unfavorable Circumstances: The name of marina land for a victim who was a new mixed tour by the operator of a marina business establishment.

by indecent act by compulsion, which is difficult to recover from the victim and her husband due to the crime committed by indecent act by compulsion

In 209, violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.(sexual traffic) has caused physical damage and pain.

c)that there has been a history of having been sentenced to a fine of five million won for an offence;

○ Other: Age, occupation, family relationship, etc. of the defendant

Obligation to Submit Personal Information

When this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit his/her personal information to the head of the competent police office pursuant to Article 43

Disclosure Order or Notice Order

Considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, seriousness of the crime in this case, disclosure order or notification order, side effects expected to be achieved by the order, the prevention and effect of a sexual crime subject to registration, the effect of protecting the victims, etc., it is determined that there is a special intention that the Defendant shall not disclose or notify personal information pursuant to 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, and thus, the Defendant has failed to issue an disclosure order or notification order with respect to the Defendant.

Kim Tae-hun