(영문) 수원지방법원 2020.10.22.선고 2020고단4702 판결

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive, and the defendant shall be ordered to attend the sexual assault treatment lecture for 40 hours.

Reasons

Criminal facts

The defendant is a guest who frequently visits a restaurant operated by the victim B (the age of 58) and is aware of the fact that he knows with the victim.

At around 08:40 on February 4, 2020, the Defendant continued to commit an indecent act by coercioning the victim's chest by leaving the victim's chest back to the victim's left hand, putting the victim's neck into the victim's inner part, and making the victim's chest back to the victim's body, and refusing to "I ambl? I ambl? I ambl? I ambl."

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

Application of Statutes

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

Article 298 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

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

1. To exempt the public disclosure order, notification order and employment restriction 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), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the defendant has no record of punishment for sex crimes up to this system, and the defendant's age, family environment, family relationship, social relationship, relationship with the victim, relationship with the victim, the details and result of the crime in this case, the prevention of sexual crimes that can be achieved by the disclosure, notification, and employment restriction order, and the extent of disadvantage and anticipated side effects of the defendant's entry, it is deemed that there is no special reason to disclose personal information of the defendant or order employment restriction to children, juvenile-related institutions, etc. and welfare facilities for disabled persons).

Where a conviction on a crime in the judgment becomes final and conclusive, 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 authority pursuant to Article 4

1. The grounds for sentencing: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of recommending sentencing criteria: Imprisonment with labor for not less than one month but not more than one year.

[Determination of Type] Crimes of Indecent Act by Indecent Acts by Force (General Indecent Acts by Force) on the General Standards for Sexual Crimes

[Special Aggravationd Persons] Reductions: Non-conformity of Punishment, Aggravations: None

[Recommendation Area] Reduction Area

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

As the Defendant’s indecent act by force against the victim in the manner as stated in its reasoning led to the victim’s severe mental impulse and sexual humiliation, it cannot be said that the Defendant’s crime is somewhat weak.

However, in this court, the defendant's mistake and reflects his fault late, the defendant expressed his intention that he does not want the punishment of the defendant in this court by mutual consent with the victim, and the defendant's primary crime that has no record of punishment for other crimes as well as the same sex crimes until now is a first offender who has no record of punishment, etc. shall be considered as somewhat favorable circumstances to the defendant. In addition, considering all the sentencing conditions and sentencing guidelines revealed in the trial process of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and degree of the crime, the motive and degree of the crime, circumstances after the crime, etc., and the degree of punishment for similar cases, the execution of the punishment should be suspended only once more than the punishment of the defendant, and the sentence is determined as ordered.