200 Highest 739 Indecent Act by indecent act

A

He/she is in charge of a prosecution, and he/she is in charge of a trial.

October 27, 2020

The punishment of the accused shall be four months by imprisonment.

except that the execution of the above sentence shall be suspended for one year after the judgment becomes final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

For the accused, an employment restriction shall be ordered to the child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities for three years.

Criminal facts

On April 12, 2020, at around 09:50 on April 12, 2020, the Defendant committed an indecent act by force against the victim by making the victim’s son use his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site reports (related to photographs by cutting offCCTV images);

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 Criminal Act

1. Order to attend lectures;

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

1. Exemption from an order for disclosure and notification;

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 [the Defendant’s age, previous conviction (no same record is available); the environment; the content of the instant crime; the degree of disadvantage the Defendant was inflicted on the Defendant due to the disclosure or notification order]; there are special circumstances in which personal information may not be disclosed or notified.]

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act by force, which is a sexual crime subject to the registration and submission of personal information under 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 Persons with Disabilities Act, 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

The grounds for sentencing 0. Scope of recommended sentences according to sentencing guidelines

[Determination of Punishment] The General Criteria for Sexual Offense of Indecent Act by Indecent Act (subject to 13 years of age or older) [The First-Class] Reduction element: A case where the exercise of tangible power is considerably weak.

[Recommendation and Scope of Recommendation] Reduction Area, Decision on Indecent Acts and 1-1-1-10 Sentence, the degree of assault committed in the course of the commission of the crime, background and circumstances after the crime, the degree of mental impulse and sense of shame suffered by the victim, the degree of sexual humiliation and sense of shame, the damage recovery has not yet been made until now, the defendant showed the appearance that he was punished for the same crime, and there has not been any person punished for the same crime, and other factors of sentencing, such as the defendant's age, occupation, criminal record,

Judges Lao Young-young