(영문) 서울중앙지방법원 2020.4.23.선고 2019고합1059 판결

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

Reasons

Criminal History Office

The Defendant was the employment guidance officer of the Seoul Special Metropolitan City, the Seoul Special Metropolitan City, and the victim D (V, the age of eighteen) is the student of the above school.

The Defendant committed an indecent act against the victim by force by advertising that he was in charge of employment guidance for the victim.

1. On September 13, 2019, the Defendant: (a) around 13:00, at the fifth floor of the building in the above school; (b) completed employment guidance classes; and (c) opened a line with the victim returning to a classroom, “whether it is possible to keep the victim secret”; and (d) opened the victim “overrightly,” and (c) opened the victim so far, “overrightly,” and (d) opened the victim so far, so far as it was difficult for the victim to do so. Accordingly, the Defendant, by force, committed an indecent act against the victim who is a child or juvenile.

2. 피고인은 2019. 9. 11. 15:00경 위 학교 내 'E'에서, 피해자와 둘이 있게 되자 "나 너무 떨려"라고 하면서 피해자의 손을 가져다가 피고인의 왼쪽 가슴에 가져다 댔다. 이로써 피고인은 위력으로써 아동·청소년인 피해자를 추행하였다.

3. Around September 16, 2019, the Defendant used three times the victim, etc. who is using a computer to prepare a resume in order to prepare a resume. Accordingly, the Defendant committed an indecent act against the victim, who is a child or juvenile, by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim against D;

1. A records;

1. A copy of letters sent by the suspect;

Application of Statutes

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

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Selection of Imprisonment)

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse of Children and Juveniles from September 9, 2019, with the largest penalty)

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 crime of this case was committed by the defendant prior to the crime of this case and the registration of personal information of the defendant and the lecture attendance order alone seems to have the effect of preventing re-offending. In full view of various circumstances such as the defendant's age, environment, benefits expected by the disclosure and notification order, the effect of crime prevention, and comparative balancing between the disadvantage and expected side effects, it is deemed that there are special circumstances that the disclosure and notification of the defendant's personal information should not be made).

1. Registration and submission of personal information under 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 Act on Welfare of Persons with Disabilities;

Where a 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 pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to

1. Reasons for sentencing: Imprisonment with prison labor for a year to June 22;

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

[Determination of Punishment] General Standard of Indecent Act by Indecent Act by Force (Indecent Act by Force, such as Indecent Act by Force or by Forced Act by Force or Forced Act by Force or Forced Act by Force or Forced Act by Force)

[Special Aggravation] Aggravations: Crimes committed by persons obligated to report or persons engaged in protective facilities, etc.

[Scope of Decision and Recommendations] Aggravation, 2 years and 8 months to 4 years and 8 months of imprisonment

* Juvenile indecent act by compulsion (including deceptive and indecent act by force) shall be included in two categories, but the upper limit and lower limit of the range of sentence shall be reduced to 2/3.

3. Determination of sentence: The crime of this case with one year and six months of imprisonment, and two years of suspended execution, is committed by force by a female student, who is an employment guidance official, and the crime is not good. The crime of this case is committed by the defendant, which led to the occurrence of considerable mental impulse and sexual humiliation.

However, there are extenuating circumstances such as the Defendant’s age, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc. exceed the lower limit of the sentencing criteria, and the sentence is determined as ordered by the order, considering the following factors: (a) the Defendant’s age, character and environment; (b) the motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., of all the sentencing specified in the arguments and records.