20 Highest 2942 Indecent Act by compulsion

A

Orscop (prosecutions) and Kim Young-gu (Trial)

oly 23, 2020

Defendant shall be punished by a fine of KRW 3,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

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

Criminal facts

At around 19:10 on May 13, 2020, the Defendant found the victim D (one-time, two-year old age) who was sicking in the subway line 1 subway station located in Guro-gu Seoul Metropolitan Government, and the Defendant committed an indecent act by forcing the victim to commit an indecent act by forcing the victim to keep his own kn's right kn's own kn's right kn't.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D (alias) the police officer;

1. A E-document;

1. A table 112 of the 112 Reporting Case Processing ;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 298 of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

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

1. Order to complete programs;

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

1. To exempt the public disclosure order, notification order and employment restriction order;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17338, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Amended by Act No. 1738, Jun. 2, 2020); Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso;

one circumstance is considered to exist)

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was unable to receive a letter from the victim, but the degree of indecent act is not severe, there is no record of punishment for sexual assault crime, the defendant reflects his/her mistake, and other various conditions of sentencing including character and behavior, environment, motive, means and result of the crime, etc. of the defendant, and the circumstances after the crime are determined as ordered.

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to 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

Judges Suh-hee