20 Highest 751 Indecent Act by compulsion

A

The largest person(s) and Kim Cheong-young(s)

Attorney Postal services (Korean Office)

October 28, 2020

A defendant shall be punished by imprisonment with prison labor for four months.

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

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

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

Criminal facts

On March 2, 2015, the Defendant: (a) around 12:30 on March 2, 2015, when the Mar. 12, 2015, the Masan-gu Masan Masan-gu Masan Simcheon-si B train was in operation, and (b) 1st and 49 years old, went on the victim’s seat, and 19 years old, took the victim’s photograph, taken the victim’s photograph, tried to kis the victim’s face by hand, and kis the victim’s kis, and 2 to 3 times the victim’s chest was forced to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Complaints, boarding passes of each train, and seat limits of guest rooms;

1. Each report on investigation;

Application of Statutes

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

Article 298 of the Criminal Code, Selection of Imprisonment

1. Suspension of execution;

Article 62 (1) of the Act

1. Order to complete programs;

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

1. Where a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1)

A competent agency is obligated to submit personal information.

Disclosure Order and Exemption from Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be issued an order to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

Opinions of prosecutor (excluding incidental disposition; hereinafter the same shall apply): Imprisonment with prison labor for not less than eight months;

Sentence: 2 years of imprisonment with prison labor for a period of four months;

The punishment as ordered shall be determined in consideration of the degree of indecent conduct, the fact that the victim has agreed with, and the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

Judges Kim Han-han