20 Highest2729 Indecent Act by indecent act, confinement

Park Jong-Defendant, 93 Yearss, South and North, self-employed

Residential Ulsan

The Constitutional Court of 200Hun-Ga, Park Jae-young (Public trial)

Attorney Yoon Yoon-young

February 4, 2021

A defendant shall be punished by imprisonment for two years.

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

For each five years, an employment restriction shall be issued to the accused in institutions, etc. related to children and juveniles and welfare facilities for persons with disabilities.

Criminal facts

1. Indecent acts by compulsion;

The Defendant posted a false statement on the Internet to the effect that he was suffering from a restaurant operator in Ulsan-gu and the customer who was found in the above restaurant around the middle and middle of February 2020, and the victim Park Gi-jin (ma, 18 years old) who observed the case called by the 119 emergency squad, taken the 119 emergency squad with his photograph, and then sent a false statement to the effect that he was suffering from the 'coin or patient' in the name of the region, and then the Defendant was suffering from business damage.

On February 26, 2020, the defendant had a view to the fact that the victim drinks with her friendship at the beer's shop in Ulsan-gu, U.S., and on the same day at around 23:30 of the same day, the defendant sought the above main points, including ○○, etc. that he followed the defendant, and had the victim "I want to remain or lose her photograph," and the victim "I want to get her to contact with the defendant again and return to the victim."

The Defendant, as a result of the above behavior, returned the friendship to the Defendant and contacted the Defendant. In other words, the Defendant sought as the above main point, and joined the victim at the same time and in the drinking place with the Defendant, and repeated the internal flag several times with a large amount of flusium, “whether or not the Defendant affixed such pictures, or not it was proper for flusium.”

The Defendant, through the aforementioned series of actions, had the victim frighten or resist, and had the victim fright to commit an indecent act against the victim according to the Defendant’s instruction. At around 04:00 the following day, the Defendant had the victim fright the Defendant’s residence on the 5th floor of the above restaurant, let the victim walk the Defendant’s sexual organ, let the victim interfered with the Defendant’s sexual organ by inserting his hand into the victim’s panty, putting the hand into the victim’s panty, putting the victim’s sexual organ off, and putting the victim’s sexual organ into the victim’s panty, and then committed an indecent act by force the victim by forcing the victim, who did not fright the victim to commit an act of self-defense.

2. Illegal confinement;

On February 27, 2020, from around 04:00 to 08:00, the Defendant detained the victim by making the victim not to go out of the above residence by stating, “the victim who is frighten after the victim committed an indecent act as above, falls short of house, and is open to recognize his fingerprints within the house.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutor's office concerning the gambling;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigation report (Attachment of a photograph of the text message submitted by a victim);

Application of Statutes

1. Article applicable to criminal facts;

Articles 298 and 276(1) of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order to complete programs;

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

1. 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 Disabled Persons Act;

The reason for sentencing is that the defendant, who is a minor male victim, was frightened and detained at his own house and let the victim do self-defense. As such, it is judged that the degree of indecent act is very serious, the nature of the crime is very poor, and the mental suffering that the victim and his family members suffered is serious, and that it is inevitable to sentence the defendant to the punishment. Taking into account all the factors leading to each of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the case, the punishment of the defendant shall be determined as ordered by the order.

Where a judgment becomes final and conclusive, 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 agency pursuant to Article 43 of the same Act.

The registration period of personal information of Defendant is 15 years in accordance with Article 45(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the crime of indecent act by compulsion and the crime of other crimes in which personal information is the cause of the registration of personal information, the nature of the crime and the severity of the crime, etc., the registration period of personal information in this case is determined as not necessary to be set a short-term period than the period according to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Exemption from Information Disclosure Order or Notice Order

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 shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

Judges electrical interest