(영문) 수원지방법원 2020.11.26.선고 2020고단4529 판결

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive. To order the accused to attend the sexual assault therapy for 80 hours. To order the accused to provide community service for 80 hours.

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

Reasons

Criminal facts

On April 29, 2020, at around 00:05, the Defendant discovered the victim D (the name, the age of 28) who was coming from the street in front of the Suwon-si C building in Suwon-si, Suwon-si, and then went back to the victim's back, and committed an indecent act by force by the victim's own hand by making the victim's her her her her m, one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Visuale closures and vehicle photographs, map closures and field photographs;

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 or order to provide community service;

The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

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 (including an order to attend school and an employment restriction order to prevent recidivism to a certain extent), and taking full account of all the circumstances such as Defendant’s age, family environment, family relationship, family relationship, social relationship, relationship with the victim, relationship with the victim, circumstance and consequence of the instant crime, prevention of sexual crimes that may be achieved by an order to notify disclosure, effectiveness of the protection of the victim, degree of disadvantage suffered by the Defendant, and anticipated side effects, it is deemed that there are special circumstances in which the Defendant’s personal information may not be disclosed

1. Registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019), the main sentence of 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;

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 prison labor for not less than six months but not more than two years.

[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 Convicted Person】

【Recommendation Area】

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;

As indicated in the judgment, the Defendant’s indecent act by force against the victim, thereby making the victim feel serious mental impulse and sexual humiliation, and thus, cannot be deemed to be less vulnerable to such crime. The Defendant has not yet been punished by the victim for the instant crime, and there is also a history of criminal punishment by a fine for the crime of obscenity in the past.

However, the defendant shows his attitude to make a confession of all crimes and reflect on his own, the degree of force of the defendant, such as assault and intimidation, etc. used by the victim in the course of committing the crime, and the fact that the defendant has no record of criminal punishment exceeding the fine up to this paragraph is somewhat favorable to the defendant. In addition, considering the defendant's age, character, character, environment, family relationship, motive, means and consequence of the crime, the sentencing conditions and sentencing guidelines revealed in the trial process of this case, such as the circumstances after the crime, and the degree of punishment for similar cases, the defendant should be determined by taking into account the following factors: the execution of the punishment should be suspended specifically only once on condition of community service and sexual assault treatment, rather than the punishment of the defendant, and the execution of the punishment should be suspended in accordance with the order.