(영문) 서울중앙지방법원 2019.10.4.선고 2019고단4971 판결

The information on the accused shall be disclosed and notified through an information and communications network for three years. The accused shall be subject to restriction on employment for three years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Criminal History Office

【Criminal Power】

On October 18, 2018, the Defendant was sentenced to one year by the Seoul Central District Court to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) and completed the execution of the said sentence on May 13, 2019.

【Criminal Facts】

On July 19, 2019, between 18:28 and 18:40 on the same day, the Defendant, within the subway 9-line 1stm of the subway line, which runs from the river basin of the Central Veterans Hospital in the Hando basin located in Seoul Special Metropolitan City to the air basin of the Central Veterans Hospital, and after the victim B (name, leisure, 37 years of age) the Defendant, the Defendant her her k's k's k's k's k's k'ss k'

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each statement of B and C;

1. Investigation report (verification of train numbers and CCTV not installed);

1. Previous convictions: Application of a report on confirmation of criminal records, investigation report (the same kind of accused and repeated records) Acts and subordinate statutes;

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

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Order to complete programs;

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

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive on conviction of facts constituting a sex offense subject to registration, and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 43 of the same Act;

The grounds for sentencing are specified as follows, and the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence thereof, etc., and the conditions of various sentencing specified in the arguments in this case and the records, such as the circumstances after the crime, shall be determined as ordered.

The circumstances favorable to ○: the Defendant recognized the instant crime.

○ Unfavorable Circumstances: The degree of indecent act is severe, and the victim is likely to not have a sense of shameed due to the instant crime. The Defendant has the same record of punishment, suspension of execution, punishment, etc. nine times for the same crime. The instant crime was committed on May 13, 2019, as indicated in the record of the criminal records, during the period of repeated crime.