(영문) 서울중앙지방법원 2017.2.2. 선고 2016고합1247 판결

On July 19, 2016, around 00:30 on July 19, 2016, the Defendant: (a) committed indecent act by force against the victim E (the family name, South, and the age of 16) who was a child or juvenile dialogueed with friends in front of the D convenience point in Dongjak-gu Seoul Metropolitan Government; (b) took a bath with a tobacco, and (c) took a look at the victim’s sexual organ on one occasion with the victim’s own hand; and (d) took a look at the victim’s sexual organ on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Copies of each statement;

1. Place of the offender, each investigation report (Evidence Nos. 6, 7, 14) (Evidence List), and request for cooperation in investigation;

1. CCTV for crime prevention: 70;

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 Fines

1. Discretionary mitigation;

Articles 53 and 55(1)6 of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

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. 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 crime in this case was not conducted to satisfy the sexual satisfaction against many unspecified persons, and the type of the crime and the degree of indecent act in this case is not excessive, and the defendant is unable to be deemed to have a habit of sexual assault or to have a high risk of recidivism due to the lack of criminal records, and the defendant's personal information registration of the defendant and the completion of sexual assault treatment program alone seems to have an effect of preventing recidivism to a certain extent. In addition, considering all the circumstances such as the defendant's identity, character and conduct, social relationship, etc. as shown in the argument in this case, the disclosure and notification order has significant adverse effects on the defendant's disadvantage and anticipated side effects on the defendant's suffering from the disclosure and notification order, while the effects on the prevention of sexual crimes that can be achieved can be relatively less, there is no special circumstance to disclose personal information to the defendant).

Reasons for sentencing

1. Scope of applicable sentences under law: Fines of five million won to fifteen million won; and

2. Non-application of the sentencing criteria because they have selected the scope of a fine on the sentencing criteria;

3. Determination of sentence;

[Unjustifiable circumstances] The Defendant: (a) took a bath and assault on the ground that the Defendant, a juvenile victim, smoked tobacco while driving a tobacco, and took the victim’s sexual organ, and led to indecent act by compulsion. The victim appears to have received mental and physical shock due to the Defendant’s act.

[Lied circumstances] The instant crime was committed in the course of guiding a juvenile, and does not seem to have been an act to satisfy his sexual desire, and does not seem to have been committed to satisfy his or her sexual desire. The Defendant led to the confession of his or her criminal act, and there is no previous conviction in addition to once a fine is imposed. The Defendant does not want the punishment of the Defendant by mutual consent with the victim.

In addition, the motive, means and result of the instant crime, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and social relation.

Registration of Personal Information

Where a conviction on the instant crime is finalized, 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 43 of the same Act.

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