200 Highest 1109 Indecent Act by compulsion

A

He/she shall file prosecutions, abnormal leaps (public trial)

Attorney Sung-sung (Korean)

September 9, 2020

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend the sexual assault treatment lecture for 40 hours.

Criminal facts

At around 16:30 on October 27, 2019, the Defendant committed an indecent act by force against the victim D (one person, half, and fifty-one year old), who had danced with one-way along with one-way at C tourist bus traveling from the south-dong, Sinnam-gun, Sinnam-gun, by Dacing the victim’s head knife by hand, knife the victim’s head knife, knife the victim’s head knife, and knife another knife the victim’s knife, and knife the knife of the victim’s chest that knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. A E-document;

1. A report on internal investigation (for a tourist bus boarding by a victim),

1. Investigation report (the E-mail);

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 to attend lectures;

The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be considered to be committed by the defendant on the grounds of unfavorable sentencing, such as the fact that the defendant committed an indecent act by compulsion of the victim, with heavy liability for the crime, and the gravity of indecent act, etc., considering the confession of the defendant, the fact that the defendant does not have any criminal history, the fact that the victim is not subject to punishment against the defendant by agreement with the victim ( August 27, 2020), etc., the crime of this case shall be considered as the grounds for sentencing favorable to the defendant. In full view of all other circumstances including the defendant's age

Registration and submission of personal information

Where a judgment of 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

Disclosure Order, Notice Order, and Employment Restriction Order

In full view of 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), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the fact that the defendant can have an effect to prevent recidivism even with the registration of personal information and the lecture order for sexual assault treatment; and other circumstances such as disclosure order, notification order, social benefits expected by the employment restriction order, the effect expected by the order, the prevention of sexual crimes, and the disadvantage and anticipated side effects of the defendant, it is determined that there are special circumstances in which the disclosure or notification of personal information of the defendant, or the restriction on employment of the defendant shall not be ordered

Judges, Superintendent of the National Assembly