(영문) 서울중앙지방법원 2019.6.21. 선고 2019고합218 판결

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

Reasons

Criminal facts

At around 08:00 on September 5, 2018, the Defendant: (a) had sexual intercourse with the victim D (n, 35 years of age, household name) first on the day in Songpa-gu Seoul, Songpa-gu, Seoul on September 5, 2018; (b) had a sexual intercourse with the victim; (c) had the victim's head debt, and (d) had the victim's face and scam with the victim's hand, leading the victim as scam, leading the victim as scam, leading the victim to the victim's face and scam in hand; and (c) had the victim's face and scam.

As a result, the defendant raped the victim, and got the victim at the two parts and the rest requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and each police officer's statement of D;

1. A report on an occurrence;

1. A medical certificate of injury (No. 23 No. 5 of the evidence list);

1. A photograph of the victim's inner part of the body;

Application of Statutes

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

Articles 301 and 297 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 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); the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 has no record of criminal punishment for sexual crimes prior to the instant case; the defendant is sentenced to imprisonment with labor; personal information registration; an order to attend school for the treatment of sexual assault; and restrictions on employment for welfare facilities with welfare facilities with children and juveniles, etc. In addition, the defendant's age, environment, family relationship, social relationship, method and consequence of the crime; the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the disclosure or notification order; and the effect of the prevention of sexual crimes and the protection of the victim thereof; thus, the defendant's personal information is not subject to disclosure order or notification order.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

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

[Determination of Punishment] In case of bodily injury resulting from a sex offense, injury resulting from an injury to an object at least 13 years of age.

[Type 2] General Rape

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 5 years of imprisonment

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: The instant crime appears to have been committed by the Defendant due to a discriminatory assault against the victim first committed on the day, and by suppression of the resistance, and by causing sexual intercourse, and by causing bodily injury, the nature of the crime is not weak in light of the method and degree of injury, etc. of the crime. The victim appears to have caused considerable mental and physical pain and sexual humiliation.

The circumstances favorable to ○○: The Defendant recognized the instant crime and reflects on the recognition of the Defendant. In this case, the Defendant appears to have taken into account some circumstances, such as that it appears that the Defendant would not accept the victim’s demand and have been the wind to lose the judgment ability. The Defendant supports five minor children, and there is no record of criminal punishment prior to the instant case. Moreover, the Defendant agreed to provide the victim with the amount of KRW 15 million, and the victim did not want to be punished against the Defendant.

Registration and submission of personal information

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 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