(영문) 서울중앙지방법원 2018.8.31. 선고 2018고합405 판결

Information on the accused shall be disclosed and notified through an information and communications network for five years (However, the summary of the sex offense disclosed and notified shall be limited to each offense described in paragraphs 1 and 3 of the ruling). The accused shall be ordered to place employment restrictions for ten years at child and juvenile-related institutions, etc. The seized opon (the model name: A1723) (No. 1) shall be confiscated.

Reasons

Criminal facts

1. Violation of the Child Welfare Act (mediate mediation, sexual harassment, etc. against a child), or coercion;

On March 26, 2018, the Defendant sent text messages to the victim E (the victim 14 years old) and Internet hosting display F, which came to know through the Internet hosting SD at the defendant's residence in Gangnam-gu Seoul underground floor, Seoul, and then sent a text message to the victim "dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial g to block the victim's conversation with the victim's face and name, and then cut off the victim's photo with the victim's photograph, such as H, and then sent the victim's cell dial dial dial dial dial dial dial dial dial dial dic dial dial dial dial.

As a result, the Defendant committed sexual abuse, such as forcing a child victim to commit obscene acts, and let the victim do an act that is not obligated to do by intimidation.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscenity);

Around March 26, 2018, at the time and place indicated in the above 1. Paragraph (1) above, the Defendant had the victim take a video image while committing an act of self-defense as described in the above 1. Paragraph (1) at a place, and had the video file transmitted to an Arabic phone owned by the Defendant, and possessed obscene materials in the mobile phone from around that time to March 27, 2018.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

3. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On March 27, 2018, at the second floor warehouse of the building located in Gangnam-gu Seoul Metropolitan Government 1, the Defendant told the victim that "I will spread pictures and videos that he saw without sexual intercourse to the Internet." The Defendant forced the victim to resist his resistance against the fluort of the fluort victim, who was fluent, and let the victim get the victim off his clothes and be under the influence of the fluor, and put the fluor into the fluoral part. The Defendant repeated the fluoral part of the victim, and inserted the fluort part of the fluor.

Accordingly, the Defendant, through intimidation, raped the victim who is a child or juvenile, and thereby, led the victim to a hole in the direction of 0.2m of 0.3m in the direction of the wife, 0.3m in the direction of 9:0m in the wife, 7:00 p.m in the wife, and 9:00 p.m in the direction of 9:0 p.m.

1. Defendant's legal statement;

1. stenographic records of the police statement of the victim;

1. Written opinions of opinions;

1. Application of Acts and subordinate statutes to a report on investigation (rest of residence), a report on investigation (the confirmation of the form of a victim), a report on investigation (the confirmation of the form of a suspect near the place of occurrence), a report on investigation (the analysis of CCTV images for a crime), a report on investigation (the details of the victim's telephone conversations), a report on investigation (the

1. Article applicable to criminal facts;

Articles 71(1)2 and 17 subparag. 2 of the Child Welfare Act (the sexual abuse against a child), Article 324(1) of the Criminal Act (the coercion), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by a child or juvenile), Articles 9 and 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials by a child or juvenile),

1. Commercial competition;

Articles 40 and 50 of the Criminal Act / Articles 40 and 50 / Articles 40 [Punishment of Violation of the Child Welfare Act (revotion, sexual harassment, etc. against a child) and coercion, and Punishment of Violation of the Child Welfare Act with more statutory penalty (revotion, sexual harassment, etc. against a child)

1. Selection of punishment;

The punishment of imprisonment with prison labor for the violation of the Child Welfare Act (the coercion, intermediary, sexual harassment, etc. of a child) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials), and the punishment of imprisonment with prison labor for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the injury resulting from rape

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the extent of adding up the long-term punishment of each crime as stated in the judgment on the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest punishment, to the extent of adding up the punishment prescribed in the former part of Article 37, Articles 38 (1)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Order to complete programs;

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

1. An order for disclosure and notification;

Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

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. Confiscation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for three years and six months from June to June 20.

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

(a) Crimes of causing bodily harm by rape, etc. in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] In the case of a result of bodily injury in a sex offense, the Type 3 (Indecent Act by Compulsion, etc. based on Relatives Relations) shall be at least 13 years old.

【Special Exemplarys] Reductions: Minor Bodily Injury

[Recommendation and Scope of Recommendation] Reduction Area, 3 years to 6 years (including Type 3, since it constitutes juvenile rape)

(b) Crimes of violating the Child Welfare Act (recing as intermediary or sexual harassment, etc. against children), and violations of the Act against the Protection of Children and Juveniles against Sexual Abuse (obscenity possession): No sentencing guidelines are set. Each sentencing guidelines are set. The scope of recommendations according to the guidelines for handling multiple crimes;

Since the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentencing criteria are set only at the lower limit of the punishment.

In accordance with the sentencing criteria for offenses of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

3. Determination of sentence;

The Defendant, by threatening the victim who is a middle school student, had the victim engage in obscene conduct, was in possession of the video files, etc. taken into his/her cell phone, and then raped the victim and suffered bodily injury by threatening him/her to spread the video files, etc. on the Internet. While sending sexual messages to the victim, the Defendant, who was the other party, was prevented from communicating, he/she then threatened the victim urgently by means of identifying the victim’s other collection of cryp case ID, etc., even though he/she was prevented from communicating, and the Defendant’s act of raped and planned by ordering the victim, who was unable to refuse drinking, to move his/her residence, to a certain time and place, and by committing rape, etc., is very secret and planned. The victim who is merely 14 years of age in each of the crimes in this case, appears to have suffered considerable physical and mental pain, and at the same time, creating a sound sexual values and a sense of respect for himself/herself is likely to be adversely affected. Meanwhile, the Defendant’s legal representative is disadvantageous to the victim.

However, the Defendant is the primary offender, and all of the instant crimes are recognized, and the degree of injury suffered by the victim seems to be very serious. Moreover, the Defendant’s father’s attempt to return to the normal society, and the Defendant’s wife’s desire to have his wife return to the normal society, and the social relationship is considered to be good. Such circumstances are considered as favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

Registration of Personal Information

Where a conviction becomes final and conclusive on each 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 agency pursuant to Article 43 of

It is so decided as per Disposition for the above reasons.