20 Highest 2021, 2440(combined indecent act)

A

Kim Jin-man, Lee Young-young (Court of Prosecution), Park Byung-il (Court of Justice), Park Byung-il (Court of Justice),

Attorney at-Law

October 14, 2020

A defendant shall be punished by imprisonment for six months.

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

To order the defendant to take a lecture to prevent recidivism of sexual crimes for 40 hours.

Criminal facts

200 Highest 2021

On April 23, 2020, at around 01:35, the Defendant discovered that there is a victim D (n't, 32 years of age) in the second line C’s underground report located in Mapo-gu Seoul Mapo-gu Seoul, and committed an indecent act by force against the victim, while under the influence of alcohol, by using his/her own arms, with his/her two arms, while under the influence of alcohol.

200 Highest 2440

On April 22, 2020, at around 23:10, the Defendant committed an indecent act by force against the victim, on the part of the victim F (the 25-year-old age), who is an employee, by exposing his/her own hand out from the Mapo-gu Seoul Evister, and exposing his/her face from the victim before the elevator of the second floor, by cutting the shoulder of the victim from his/her own hand, and by drawing his/her two arms into his/her hand, and by inducing him/her into his/her own hand.

Summary of Evidence

200 Highest 2021

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Egresponding photographs and CDs “2020 highest 2440;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (related to investigation into a field and CCTV images, and statements of witnesses);

1. Application of CCTV-related Acts and subordinate 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. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the weight of concurrent crimes prescribed in the crime of indecent act by force against victim D with a heavier penalty)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

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

1. The grounds for sentencing: Imprisonment with prison labor for one month to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A first crime;

[Determination of Punishment] General Criteria for a Sex Act No. 01. (b) Indecent Acts by compulsion (subject to the age of 13 or more)

[Special Escopic Persons] Reduction element: Where the degree of indecent conduct is weak;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year

(b) A second crime;

[Determination of Punishment] General Criteria for a Sex Act No. 01. (b) Indecent Acts by compulsion (subject to the age of 13 or more)

[Special Esponsor] Reduction element: In cases where the degree of indecent conduct is weak, the court not to punish him/her;

[Recommendation and Scope of Recommendations] Special Mitigation Area, one month to one year. The scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one month to one year and six months (the upper limit of the first crime + the upper limit of the second crime)

3. Determination of sentence;

Since the defendant committed a crime repeatedly in the short term, the nature of the crime is not easy.

However, in light of the fact that it is difficult to view that the part or degree of indecent act is objectively obvious, that the defendant seems to have led to a confession and reflect on the crime, that the defendant received a letter from the victim F, that the defendant has no record of criminal punishment, and other various sentencing conditions, such as the defendant's age, character and behavior, environment, etc., it is so decided as per Disposition.

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit basic personal information to the head of a related agency pursuant to Article 43 of the same Act.

Disclosure Order and Notice Order and Exemption from Employment Restriction Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime records, disclosure order, notification order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects to be achieved therefrom, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant shall not be sentenced to disclosure order, notification order and employment restriction order pursuant to 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

Judges Park Jong-dae