2014 Highest 4319 Indecent Act by compulsion

A

Park Jong-man(s)(s)(s)(s)(s)(public trial)(s)(s)

July 23, 2014

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

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

Criminal facts

On April 17, 2014, at around 00:15, the Defendant committed an indecent act by force on the part of the victim C(here, 22) located in Seo-gu Busan, Seo-gu, Busan, on the main point of "D" where the victim C(here, 22) was employed as an employee, and by using the victim's right bucks extending out into the cuckter, where he was sitting in front of the cuckter and drinking out the alcohol as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on investigation;

Application of Statutes

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

Selection of fines in consideration of Article 298 of the Criminal Act, the degree of indecent conduct, the absence of criminal records of the same kind or the suspension of the execution of imprisonment, and the full agreement with the victim, etc.

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to complete programs;

Where a judgment on personal information of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 agency pursuant to

Disclosure Order or Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Judgment on Defendant’s argument

Since the Defendant made a statement that he had no memory at the time of committing the instant crime, and argued to the effect that he was in an insane or a state of mental or physical disability, the records show that the Defendant was in a state of mental or physical disability. According to the records, even though he was aware of drinking prior to committing the instant crime, the Defendant did not have the ability to discern things or make decisions, and thus, the Defendant’s above assertion is rejected.

Judges Jeon Jae-ju