2014 Highest 224 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Place of Public Smuggling)

(B) Indecent conduct in this section

west-gu (64 years of birth, South Korea), and non-permanent

Residentialization City

Standard place of registration

No. 100,000,000

Maternate (born on February 25, 1991)

Suwon-si ○○○○○, ○○○○, ○○○○○

March 10, 2014

Defendant shall be punished by a fine of two million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

To order the defendant to complete a sexual assault treatment program for 40 hours.

The defendant pays consolation money to the victim KRW 500,000.

Facts of crime

On December 24, 2013: around 05, the Defendant committed an indecent act against the victim in the manner of the victim’s sexual organ and the competent authorities, where the victim was kneeped back from the victim’s breath (mae, 22 years old) where the public populated at the source of Yeongdeungpo-gu, Gyeonggi-gu, Gyeonggi-si, the 205-si, a place where the public is concentrated, and where the victim was divingd by the body of the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement on electric shocks;

Application of Statutes

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

Article 11 (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

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

1. An order for compensation (ex officio);

Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

Where a conviction against a defendant is finalized in regard to the criminal facts in the judgment that is subject to registration of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Disclosure Order or Exemption from Notice Order

In light of the defendant's age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which can be achieved therefrom, the effect of protection of the victim, etc., it is judged that there are special circumstances under which personal information shall not be disclosed or notified pursuant to 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. Thus, no disclosure order or notification order shall be issued to the defendant.

It is so decided as per Disposition for the above reasons.

Judges Dokop