(영문) 서울중앙지방법원 2018.8.17. 선고 2018고합527 판결

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

Reasons

Criminal facts

On October 27, 2017, the Defendant, along with proposty C, flocked with the victim D(n, 20 years old and 20 years old) and E at the main points near the new forest of Gwanak-gu in Seoul Special Metropolitan City, and flocked with two rooms around October 28, 2017, after drinking together with the victim D(n, 20 years old and 20 years old) and E(i.e., kn, flick at the Gel located in the Seoul Special Metropolitan City F.

The Defendant, while drinking alcohol in the above-mentioned and the above-mentioned her partner, she saw the female to go to her house and her partner, and she sleep with the house of a man near the above her woman.

At around 07:54 on October 28, 2017, the Defendant listened to the fact that the victim remains in the above 304 terminal, and tried to find out the victim's body in the above 304 room, and tried to find out the victim's body in the above 204 body, and had the victim salved in the lock by taking the victim's shoulder in the way of taking the victim's shoulder back by hand, intending to confirm the victim's identity, and salving the victim's resistance that could not resist properly in the drunken, and salving the victim's sexual organ into the part of the victim's sexual organ, and rape once by inserting the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Act and subordinate statutes to the investigation report (G CCTV investigation);

1. Article applicable to criminal facts;

Article 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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 defendant has no history of criminal punishment prior to the instant case]. In addition, the defendant’s imprisonment with labor (for example), registration of personal information, an order to attend a sexual assault treatment course, restrictions on employment against children and juvenile-related institutions, etc. appears to have the effect of preventing recidivism. In addition, taking into account the defendant’s age, environment, family relationship, social relationship, motive and consequence of the crime, method and consequence of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's personal information subject to registration that can be achieved due to such disclosure or notification, it is determined that there are special circumstances that the disclosure or notification of the defendant’s personal information may not be ordered.]

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape) (Special Rape) (Special Rapes : Additations)

[Scope of Recommendation] Reduction Area, one year and six months of imprisonment to three years

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: (a) the instant crime was committed by the Defendant by rapeing the victim; and (b) the nature of the instant crime is not good in light of the details and methods of the crime; (c) the victim appears to have caused considerable mental shock and sexual humiliation.

The circumstances favorable to ○: (a) the Defendant denied a crime at the stage of investigation; (b) the Defendant recognized his mistake in this court; and (c) was contrary to this court; and (d) there was no record of criminal punishment prior to the instant case. The victim does not want to be punished by the Defendant’s consent. Family members and branch members of the Defendant want to be able to register and submit 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 is obligated to submit personal information to the competent authority pursuant to