20 Highest 1798 Indecent Act by compulsion

A

The delay of gambling (prosecution) and the stay of gambling (public trial)

Attorney Im Chang-soo (Korean National Assembly)

October 15, 2020

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to provide community service for 80 hours and take lectures for the treatment of sexual assault for 40 hours. The defendant shall be ordered to place employment restrictions on the defendant in child and juvenile-related institutions, etc. and welfare facilities for disabled persons for each three years.

Criminal facts

Around 05:00 on April 18, 2020, the Defendant committed an indecent act by force against the victim, as if he were able to see the sexual part of the victim E (the age of 26) who was diving, in a soup-to-sup-sup-sup-sup-sup room for 8th floor of Ulsandong-gu B, Ulsan-gu, and C store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. To make soup investigation reports (a CCTV verification within a soup);

Application of Statutes

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

Article 298 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order for community service and education;

Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

The reason for sentencing is that the Defendant committed an indecent act by drinking up the sexual organ of a man, and the nature of the offense seems to have been bad, and the degree of a sense of shameing the victim’s male suffering seems to have been reasonable. Considering the absence of criminal power, considering the Defendant’s absence of criminal power, all the sentencing conditions, including the background leading to the instant crime, the Defendant’s age, environment, and circumstances after the crime, shall be determined as ordered by the disposition against the Defendant.

Where a judgment 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 Article 43 of the same Act.

Exemption from Information Disclosure Order or Notice Order

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Judges electrical interest