(영문) 부산지방법원 2020.11.11. 선고 2020고단2764 판결

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

Reasons

Criminal facts

1. A crime of indecent act by compulsion or indecent act by compulsion;

A victim B (a person, a man, 30 years of age) is a member of the Busan Fash-gu C and the second level D coffee shop, and the defendant is a customer of the D coffee shop.

A. On September 6, 2019, at around 14:00, the Defendant: (a) stated that “I am interested from Bucks, but if I am, I am kbbbbbbs, I am kbbbbbs in governance, I am kbbbbbbs, I am kbbbbbbs, and made indecent act by force on the part of the victim.”

B. On the 7th day of the same month, the Defendant complained of the victim present at the Dac shop No. 4, “a fine has been imposed,” and by hand, led the victim to force the indecent act by force.

C. On the 11st day of the same month, the Defendant: (a) laid the victim in the d coffee shop No. 4; (b) laid the victim in his side; and (c) laid down the victim’s bucks by hand; and (d) caused the victim’s bucks by force by force on the Defendant’s bucks.

D. On the 12th day of the same month, the Defendant: (a) held the victim’s buckbucks that he sawd together with the instant coffee shop E, etc., by hand; (b) taken the victim’s bucks on his side; and (c) taken the victim’s bucks on his side by force; and (d) taken the victim’s bucks by hand, and led the victim to force force by force.

E. On the 21st of the same month, the Defendant committed indecent act by force by force on the victim’s chests, following the victim who provided another customer service, at the 3 table table of the same month.

F. On the 28th day of the same month, the Defendant: (a) on the 3th day of D coffee shop, the Defendant, at the same time, committed indecent acts by force by force against the victim on both hand, by making a fine, talk, debt relationship, etc., to the victim appearing together; and (b) by force.

G. On October 9, 2019, the Defendant: (a) made the victim sit in his/her side by suppressing the victim at his/her bar; and (b) took charge of the victim’s two bucks; (c) made the victim’s bucks on the Defendant’s bucks and bucks on the Defendant’s bucks; and (d) made the Defendant’s bucks and bucks by force.

H. On November 20, 201 of the same year, the Defendant: (a) stated that “the victim seated with D coffee 3,00,000 won was 80,000 won of fine” to the victim; (b) took charge of the victim’s buckbucks; (c) made the victim’s her her son with his her son, thereby inducing the victim to commit indecent act by force.

(i) On December 13 of the same year, the Defendant posted the victim’s buckbucks on his bucket No. 3 Bucks, which were fucks, on his bucks, to his bucks, and led the victim to indecent act by force.

(j) At around 16:00 on January 18, 2020, the Defendant: (a) placed the victim’s d coffee shop 4 table; (b) placed the victim’s buckbucks in the Defendant’s bucks, and placed the victim into the Defendant’s bucks; (c) placed the victim on the ground that the victim did not perform the bucks operation; and (d) placed the victim on the ground that the bucks did not run the buck; and (c) placed the victim’s buckbucks in the Defendant’s hand, the Defendant took charge of the victim’s buckbucks, which read, “the buckbucks in the bucks and the bucks in the bucks and the bucks in the face of the victim; and (d) brought the victim’s chest into the victim’s buck around the left part of the buck, thereby committing indecent act by force.

(k) At around 18:00 of the same month, the Defendant, on the 23th day of the same month, engaged in indecent act by force by force on the victim’s left hand, saying, “Pucks should only be sucks, bucks................................................

(l) On February 8, 2020, the Defendant: (a) on the table No. 3 of D coffee shop No. 18:00 on February 8, 2020, she saw that he/she did not sit in company with the victim, and (b) tried to catch the victim’s arms by force; and (c) attempted to force force the victim by force; (d) however, he/she attempted to spread the victim’s arms by force.

3. Interference with business;

The Defendant interfered with the victim’s operation of the instant coffee by force for about two hours by stating that “I am see, see, see, see, see, see, see, and see, at the time and place set forth in paragraph (l) of Article 1, “I am see, see, and see, at any time, once you see, see, see, and see, see, see, see, see, see, see, and see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see,” the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, F, and E;

1. A table for 112 reported cases processing;

1. Photographss, books, photographs and text messages of victims;

Application of Statutes

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

Article 298 of the Criminal Code, Articles 300 and 298 of the Criminal Code, Article 314(1) of the Criminal Code, the choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Order to complete programs;

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

1. An employment restriction order;

The main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17338, Jun. 2, 2020); the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

Registration and submission of personal information

Where a conviction of a defendant against a crime committed by indecent act by compulsion is finalized, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of

Meanwhile, considering the nature of the crime of indecent act by compulsion which causes the registration of personal information and the rest of the crime of indecent act by compulsion, severity of the crime, etc., in this case, it is judged that the period of registration of personal information is no longer necessary than that according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the period of registration of personal information should not be shortened

Exemption from an order to disclose or notify personal information;

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., comprehensively taking into account the following factors: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) it is determined that there are special circumstances that may not disclose or notify personal information to the Defendant pursuant

Reasons for sentencing

Considering the circumstances in which the defendant was low-level academic and daily workers who had no opportunity to bring about a lifelong correct sexual values, the defendant's employees of service business who are the weak have repeated indecent acts and sexual harassment without sexual morality or distance, and it does not appear that they merely vindicate themselves as well as endeavor to defend themselves, or to recover from damage. However, it is decided as per the disposition by taking into account various sentencing conditions, such as the defendant's age, character and behavior, environment, family relationship, motive and result of the crime, etc.