(영문) 창원지방법원 2020.11.5.선고 2020고합156 판결

The defendant shall order the employment restrictions to the child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities for three years.

Reasons

Criminal facts

At around 20:40 on December 27, 2019, the Defendant: (a) discovered the Victim E, a child or juvenile, who had been up to this area, and expressed the victim's intention of refusal; (b) led the victim's hand; (c) brought the victim's hand to the victim; and (d) tried to make the victim aware of the victim's hand in front of the above apartment Furdong at Changwon-si, Sungwon-si; and (c) tried to use both arms to use the victim's body. Accordingly, the Defendant committed an indecent act by force against the victim, who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. On January 12, 112 of the E’s statement in the CD, processing table of the case, internal investigation report (Attachment of black stuff images), photo (Evidence Nos. 5), black stuffs video CDs (Evidence Nos. 6), internal investigation report (Attachment of moving routes of the accused person, images, caps, etc.), moving lines and images-facing the images (Evidence Nos. 8), CCTV images CDs (Evidence Nos. 9);

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Selection of Imprisonment

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main text of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. 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 (amended by Act No. 16622, Nov. 26, 2019) (amended by Act No. 16622, supra) appears to have the effect of preventing recidivism to a certain extent only with the Defendant’s age, family relation, motive for committing an offense, method and consequence of an offense, disclosure and notification order, the degree of disadvantage suffered by the Defendant due to the disclosure and notification order, anticipated side effects, the prevention of sexual crimes subject to registration, the effect of protecting the victims, etc., the Defendant’s personal information shall not be disclosed or notified.

Since it is determined that there is a circumstance, no order to disclose or notify the defendant shall be issued.

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 15 years;

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

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2) / Special indecent act by indecent act, such as by indecent act by blood or by living in person, etc.

[Special Sentencings] Reductions: Non-Punishments

[Recommendation and Scope of Recommendation] Reduction Area, one year to two years [including deceptive and indecent acts by force against juveniles (including deceptive and indecent acts by force against juveniles) are included in Category 2, but the upper and lower limit of the scope of sentence shall be reduced to 2/3];

3. Determination of sentence: Imprisonment with prison labor for one year, two years under a suspended sentence, and all factors of sentencing as shown in the pleadings of this case, including the age, character and conduct, environment, family relationship, motive, means and result of the crime, shall be determined as shown in the Disposition, comprehensively taking into account the following circumstances:

The circumstances favorable to ○: The defendant shows an attitude to recognize and reflect the defendant's wrong. The defendant agreed with the victim, and the victim does not want the punishment of the defendant.

The circumstances unfavorable to ○: (a) the Defendant committed an indecent act against a juvenile who is merely 12 years of age; and (b) the nature of the crime is bad in light of the details, details, and methods of the crime; (c) the victim appears to have caused sexual humiliation in the instant case.

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 is obligated to submit personal information to the competent authority pursuant to Article