(영문) 울산지방법원 2020.10.22.선고 2020고단2207 판결

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

Reasons

Criminal facts

1. Crimes committed in the park;

The Defendant, on April 21, 2020, from around 21:10 to 21:20 on the same day, committed an indecent act by force against the victim, who was engaged in the “C” outdoor sports facilities in Ulsandong-gu B, including the victim D (inn, 19 years of age), E, F, and G beyond the scambling, while she was engaged in scambling subsequent to the victim, etc. who was seated in the scam, and committed an indecent act by force against the victim by the scambling hand.

2. Crimes committed in singing rooms;

On April 6, 2020, from around 00:0 to around 01:37 of the same day, the Defendant: “T on the H and fourth floor in Ulsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, while drinking and drinking under the above Paragraph 1, the Defendant sleeped the victim’s view as his hand and rhys, and moved the victim’s her head to the right side of the victim E (the age 19).

3. Crimes on the street;

On April 6, 2020, at around 01:40, the Defendant committed an indecent act by force against the victim by selling his shoulder to the victim E, in front of the "K Singow" in Ulsan-guJ, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (to hear shots G telephone statements);

1. Each CCTV photograph;

Application of Statutes

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

Article 298 of the Criminal Act

1. Aggravation for concurrent crimes;

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

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. 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, despite the same criminal records, the defendant committed several indecent acts against the victims, and the responsibility for the crime is not easy. However, the defendant seems to have a mental disorder, and the victims do not want to be punished against the defendant. Considering such circumstances, the defendant's punishment is determined as ordered in light of all the factors such as the background leading to each of the crimes of this case, the degree of indecent acts, the age and environment of the defendant, and the circumstances after the crime.

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.

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.