(영문) 인천지방법원 2020.5.21.선고 2020고합161 판결

The defendant shall be subject to employment restrictions for each three years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Punishment of the crime

The Defendant was living together with the mother of the victim B (n, 13 years of age) from January 2014 to December 2019.

On December 12, 2016, at around 14:00, the Defendant, at the residence located in the Namdong-gu Incheon Metropolitan City on December 2, 2016, told the victim to relieve the pain when the victim complained of the clothes, and her hand, she was able to write down the victim’s boat with his/her will and panty, and write the panty with his/her hand. Accordingly, the Defendant committed indecent act by force on the victim, who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the accusation, resident registration, family relation certificate, and stenographic record Acts and subordinate statutes;

1. Article applicable to criminal facts;

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Exemption from an order for disclosure and notification;

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 (the defendant had no record of sex offense prior to the instant crime, and in light of the circumstances leading up to the instant crime, etc., it is difficult to readily conclude that the defendant has a risk of recidivism or recidivism of a sexual crime; the defendant can be expected to have an effect to prevent recidivism to a certain extent only by the suspension of imprisonment with labor for the defendant, registration of personal information, employment restriction order, etc.; the defendant's age, occupation, family environment, and other various circumstances such as the defendant's age, occupation, and anticipated side effects of the defendant's disadvantage due to the disclosure or notification order of the instant case; the prevention of sexual crimes that can be achieved by such order; and the effect of protecting the victim, it is determined that there

1. Issuing an employment restriction order under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 2 of the Addenda (Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information prescribed in 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

1. Reasons for sentencing: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2) / Special indecent act by indecent act, such as by indecent act by blood or by living in person, etc.

[Special Escopics] Mitigation elements: The crime of this case is committed in light of the circumstances, contents, etc. of the crime in which the defendant met the negative part of the victim who is a child or juvenile and the indecent act by force. The victim seems to have caused considerable mental shock and sexual humiliation, and the victim's sexual identity and sense of values might have a negative impact on the sexual identity and sense of values of the victim who is under age, and thus, the possibility of criticism is high. The crime of this case is also likely to have a negative effect on the sexual identity and sense of values of the victim.

On the other hand, the Defendant is against the Defendant’s wrong recognition of his fault, the victim’s mother is not able to be punished against the Defendant, and the victim’s mother has no record of criminal punishment in the past. Considering the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime, the punishment is determined as ordered by taking into account various sentencing factors specified in the argument of this case, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.