(영문) 인천지방법원 2020.1.31. 선고 2019고합880 판결

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

Reasons

Criminal facts

On November 20, 2019, around 19:44, the Defendant: (a) entered the women’s toilet near the 3rd floor C in Jung-gu Incheon, Jung-gu, Incheon; (b) went to the above women’s toilet under the influence of alcohol; and (c) immediately went to the above women’s toilet; and (d) again went to the above women’s toilet to commit rape.

Around 19:45 on the same day, the Defendant: (a) intruded into the above female toilet; (b) she was waiting for women to enter his/her next partitions; (c) followed by the victim D (the age of 37) coming from the front partitions of his/her own; and (d) went back to the front partitions of the victim; and (c) tried to go back to the front partitions of the victim; and (d) she was trying to go back to the near near the reported victim by standing off all of his/her mouths; (c) but (d) the victim tried to force the victim to go back on his/her part, and forced him/her to go into his/her body; and (d) the victim failed to go up with the wind, such as continuing to turn back his/her name and body.

Accordingly, the defendant invadedd the victim's residence and tried to commit rape, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation (Attachment to CCTV image data at the time of committing a crime), and photographs which capture CCTV image data;

Application of Statutes

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

Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 319(1) and 297 of the Criminal Act; Selection of limited imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Order to complete programs;

The main sentence of Article 16 (2) 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 (the fact that the defendant has no record of punishment for sexual crimes in the Republic of Korea, the personal information registration alone appears to have an effect to prevent recidivism of the defendant to a certain extent, and other circumstances such as the defendant's age, occupation, details, circumstances, and result of the instant crime, the effect of preventing sexual crimes subject to registration that may be achieved by the disclosure or notification order, and the degree of disadvantage suffered by the defendant due to disclosure or notification order and anticipated side effects, it is determined that there are special circumstances that the disclosure or notification of the defendant's personal information should not be made).

1. An employment restriction order;

The main sentence of 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

Registration and submission of personal information;

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 Article

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

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

Since an attempted crime is not subject to the sentencing criteria;

3. Determination of sentence;

The defendant confessions the crime of this case, repents his mistake, and has no record of punishment in Korea.

However, the crime of this case was committed by the Defendant by intrusioning on the sides of public toilets, and attempted to rape the victim, and the nature of the crime is not weak. The crime of rape committed by the Defendant was committed in the attempted crime, but this was due to the Defendant’s resistance. The victim appears to have suffered considerable mental shock due to the crime of this case. The Defendant did not have any tolerance from the victim, and did not endeavor to recover from damage.

Therefore, considering the favorable circumstances as seen earlier, the sentence of sentence on the defendant is inevitable.

In full view of the above factors and the defendant's age, character and conduct, environment, motive and background of the crime, means and result, the circumstances after the crime was committed, etc., the punishment as ordered shall be determined by comprehensively taking into account all the conditions of the punishment as shown in the argument in