(영문) 서울중앙지방법원 2017.1.13. 선고 2016고합883 판결

Disclosure information on the accused shall be disclosed through an information and communications network for five years, and the notified information shall be notified during the aforesaid period.

A location tracking electronic device shall be attached to a person who has requested an attachment order for six years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

Reasons

Criminal History Office

【Criminal Power】

Defendant and the person subject to a request for attachment order (hereinafter referred to as “Defendant”) were sentenced to a suspended sentence of two years for a year by imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Eastern District Court.

【Criminal Facts】

The Defendant committed an indecent act against the victims, such as the victims D and E, who live in the same Dong from 2011 to 703 of the Gangdong-gu Seoul apartment house C, and the victims who were aged in the same Dong, and the victims did not have any flickness and returned late, etc.

1. On May 2016, the Defendant: (a) committed an indecent act by force against the victim, on the part of the Defendant: (b) the victim D (the 9-year old-old apartment) coming from Schlage around the elevator of the 1010-dong apartment; (c) the victim called “Ira.”; (d) the victim’s personal body called “Ia.”; (d) the victim’s chest and her knife, carried the victim with the stairs next to the four elevator; and (e) the victim was frighted with the victim’s chest and her knife; and (d) the victim’s knife caused the victim’s fry and knife with her own cherb

2. On May 2016, the Defendant: (a) committed an indecent act against the victim by force on the part of the victim, by stating that the victim E (the 8-year-old age), who moves out of the house to come her friendship in the floor of the above apartment building (the 1010-dong apartment building) around the elevator, refers to the victim, who is frightd by the stairs adjacent to the elevator of the drone, and whose personal nature is frighten; and (b) was frighten; and (c) committed an indecent act against the victim by force on the part of the victim, when the victim’s chest and her hair were frightened.

3. On May 2016, the Defendant: (a) at the 1010-dong apartment building above 1010-dong apartment building on the victim D, E, and the victims called the victim D, E, and the victims “alv.” to drink the ice cream from the victim’s hallway; (b) the victim E’s chest and amb, who was frighted to the victim, was fright the victim’s chest and amb, was fright to the victim’s fright; (c) brought the victim’s fright to the victim E; and (d) brought the victim’s chest and ambel to the victim’s fright; (d) brought about the victim’s fright and ambel to the victim’s fright; and (e) committed an indecent act by force on the part of the victim’s frightn alcohol.

Facts of the cause of attachment order

As above, the Defendant was found to have committed a sexual crime on two or more occasions, and committed a sexual crime against a person under the age of 19. The Defendant is likely to recommit a sexual crime.

A summary of the steam

1. Partial statement of the defendant (as of the fifth trial date);

1. Victims D and E's respective statements in the statement recording CDs, and victim D and E's respective statements and stenographic records;

1. The statement of each police officer made to F (victims) and G;

1. A report on internal investigation (the photographing of the damaged site);

1. An inquiry report on criminal records, etc.;

1. Investigative reports (Attachment of decisions concerning the accused) and judgments attached thereto;

1. The risk of recidivism of a sexual crime as indicated in the judgment: (a) the following circumstances recognized by the evidence and the written investigation before the request are: (b) the Defendant committed several sexual crimes against the victims of the instant case during the suspended execution period after having been sentenced to a suspended execution due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, as stated in the judgment of the Defendant; (c) the above crimes are committed against the victims of the instant case; (d) the Defendant’s living in the apartment as himself/herself; and (e) the risk of recidivism of a sexual crime in the Korean sex offender risk assessment scale (KSORAS) is an intermediate level of 10 points; and (e) the Defendant’s age, character and sex awareness and attitude toward the sex as an intermediate level of 15 points.

Application of Statutes

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

Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. An order for disclosure and notification;

The main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Issuing an order to attach an electronic tracking device and matters to be observed therein;

Registration of personal information of Article 5(1)3 and 4, Article 9(1)23, the main sentence of Article 9(2), Article 9-2(1)3 and 9-2(1)4 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than five years nor more than 45 years;

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

(a) Basic crimes and concurrent crimes 1 and 2 - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as minors under thirteen years of age);

[Determination of Type] A sex offense subject to the age of 13 or less shall be classified into three.

[Special Convicts] Crimes4] (Aggravated Elements) (Aggravated Punishments) at Special Protection Places

[Recommendation Area and Recommendation Decision] Aggravation, 6 years of imprisonment, 9 years

(b) Imprisonment with prison labor for 6 years to 16 years (one-year imprisonment with prison labor for the maximum scope of punishment for basic crimes).

4 years and six months of imprisonment with prison labor for the upper limit of 1/2, and 1/3 of imprisonment with prison labor for the upper limit of 2 concurrent crimes, respectively.

3. Determination of sentence: Five years of imprisonment; and

[Unjustifiable circumstances] The Defendant committed an indecent act by force on several occasions by taking advantage of the situation where the victims of the age of 14 years residing in the same apartment complex were married or placed in the same apartment complex. The Defendant committed the instant crime without being aware of it during the period of the suspension of execution, while he was sentenced to a suspended execution by force by force by force on female students living in the same apartment complex in 2014. Accordingly, the Defendant wanted to be punished for the victim’s additional criminal defendant by committing the instant crime.

[Modern circumstances] The defendant shows his attitude to repent his mistake at the latest.

The defendant has no record of severe punishment in addition to the above suspended sentence.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances of each of the instant crimes, and various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the punishment shall be determined by exceeding the lower limit of the recommended range according to the sentencing guidelines set by the Sentencing Committee.

Judges

Judge of the presiding judge;

Judges Kim Gin-han

Judges fixed-type

Note tin

1) To the extent that it does not disadvantage the defendant’s exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

2) Since the Defendant imposed an order to complete a program under Article 9-2(1)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as indicated in the attached Form, the order to complete a program may not be issued concurrently pursuant to the proviso to Article 21(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

3) The period of attachment under Article 9(1) main sentence and 2 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is three to twenty years, but a sex crime is committed against a person under the age of 19; thus, the lower limit is aggravated by two times pursuant to the proviso to Article 9(1) of the aforesaid Act.

4) In the instant case, the victims’ indecent act by force from the internal stairs inside a multi-family housing where special protection is required for the victims under the age of 13.