(영문) 울산지방법원 2020.7.1.선고 2020고합20 판결

The defendant shall be subject to employment restrictions for five years at institutions, etc. related to children and juveniles and welfare facilities for persons with disabilities.

Reasons

Criminal History "2020 Gohap20"

On January 17, 2020, the Defendant discovered a stud rent advertising advertisement registered by 000 victims working as real estate brokers from smartphone real estate sales app "scam". On January 17, 2020, the Defendant requested that the victims display the studio to be leased by finding out the studio at the real estate brokerage office in Ulsan-dong, Ulsan-dong, where the women work, and after opening the studio with the victims, the Defendant visited the 14:54 Ulsan-dong on the same day.

The Defendant confirmed whether the above studio was defective, and the Defendant demanded that the victim “I am gold, water leakage in the front of the bend, we see to see my opinion,” and examined the part of the water leakage on the bottom of the bend window of the victim, which was in possession of the victim in front of the victim. On the part of the victim’s left right side side part of the victim’s knife and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the Defendant acquired property benefits by assaulting the victim with a deadly weapon, and committed an indecent act by force against the victim at the same time, resulting in an injury such as hand, hand, and hand, which requires treatment for about two weeks.

2020 Gohap524

The defendant is an employer as a person in charge of the business of installing pipes using daily workers without regular workers as a representative of Ulsan-gu, Ulsan-gu YH.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days from the date on which the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay the total amount of KRW 32,650,000 paid to six workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, as stated in the attached Form No. 3,50,000, including the wage of KRW 3,50,000 in September 3, 2019 of retired workers A, who were in charge of the contact and pipinging from September 7, 2019 to October 9, 2019.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 337 of the Criminal Act, Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 334(2) and (1), 333, and 298 of the Criminal Act, Article 109(1) of the Labor Standards Act, Article 36 of the former Labor Standards Act (amended by Act No. 17326 of May 26, 2020) (which was unpaid of wages)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Robbery and the Punishment, etc. of Sexual Crimes, and the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Severe Sexual Crimes)

1. Selection of punishment;

Imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and a violation of the respective Labor Standards Act shall be chosen.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 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. Exemption from an order for disclosure and notification;

In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and (c) the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); (c) the Defendant’s age, occupation, social relationship; (d) personal information of the Defendant; and (e) the completion of a sexual assault treatment program; and (e) the Defendant’s age, occupation, and social relationship; (e) the method and consequence of the instant crime; and (e) other benefits expected by an order to disclose or notify such information

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The grounds for sentencing: Imprisonment with prison labor for a period from five years to June 22;

2. Scope of recommended types according to the sentencing criteria; and

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] The General Criteria for the Crime of Indecent Act by Compulsion (subject to the 13 years of age or older)

[Special Esponsor] - Reduction element: Where the degree of indecent conduct is weak;

【Recommendation Area and Scope of Recommendations】

Reduction Area, 5 years to 8 years;

[General Convicts] - Reductions: Serious reflects

B. Violation of each Labor Standards Act

【Determination of Punishment】

The non-payment of wages, etc. (type 1) shall be less than 50 million won;

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from April to August

[General Convicts] - Reductions: Serious reflects

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for five to eight years (the first crime maximum + the second crime maximum + 1/2 of the second crime maximum + 1/3 of the third crime maximum).

(e) Scope of recommended sentences revised by applicable sentences: Imprisonment with prison labor for five years to 22 years (in cases where the upper limit of the sentence range recommended by the sentencing guidelines is inconsistent with the statutory applicable sentences, it shall be in accordance with the statutory applicable sentencing range);

3. The sentence of punishment of the instant case is that the Defendant threatened the victim with a knife, 50,000 won in cash by assaulting the victim, harming the victim in the process, by force, by force, and by force, and apart from this, 32,650,00 won in arrears with the wage of six workers. In the case of robbery, bodily injury, special robbery by force, by inducing the victim as an intermediary assistant to commit the crime, the crime was planned, and the degree of assault is not easy, and the degree of assault is not easy, and the victim committed an indecent act in knife with a knife and knife, etc., and the victim did not suffer considerable fear and mental shock along with physical injury. Nevertheless, the Defendant did not take any measures to recover damage, and the victim did not appear to have committed an indecent act to the extent that the victim did not appear to be more than the amount of punishment of the Defendant, and the victim did not appear to have been more favorable than the amount of punishment of the Defendant.

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment in the case No. 2020, 2020, 200, 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, and is obligated to submit personal information to the competent agency pursuant to

The period of registering personal information against the defendant is 20 years pursuant to Article 45(1)2 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Considering the nature of each of the crimes in this case, severity of the crimes, relevance to each of the crimes, etc., the period of registering personal information in this case is deemed unnecessary to determine the period of registering personal information more than the period according to the sentence under Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, so the period of registering personal information should not be shortened.

Judges

Presiding Judge, Judge Park Jong-young

Judges Gindo-young

Judges' Binding

Note tin

1) Although the sentencing criteria are not applied because a crime in an ordinary concurrent relationship is included, the punishment of sexual crime is committed for reference in sentencing.

We will examine the sentencing criteria for the violation of the Act on Special Cases concerning the Violation of the Labor Standards Act (special robbery) and the violation of the Labor Standards Act.

참조조문

-근로기준법

-근로기준법 제36조

-근로기준법 제109조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제3조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제45조 제1항 제2호

-성폭력범죄의 처벌 등에 관한 특례법 제45조 제4항

-성폭력범죄의 처벌 등에 관한 특례법 제47조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제49조 제1항

-아동ㆍ청소년의 성보호에 관한 법률