(영문) 서울중앙지방법원 2017.9.14. 선고 2017고합688 판결

The information about the defendant and the person subject to the request for attachment order shall be disclosed and notified through an information and communications network for three years.

The defendant and the person subject to the request for attachment order shall be ordered to attach an electronic tracking device for three years.

Defendant and the respondent for an attachment order shall be subject to the matters to be observed in the attached Form.

Reasons

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On November 22, 2012, the Defendant and the person subject to a request to attach an electronic device (hereinafter referred to as the “Defendant”) sentenced two years to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Southern District Court on August 12, 2014, and completed the execution of the above sentence. On June 23, 2016, the Incheon District Court issued an order to attach an electronic tracking device for three years at the same court on October 13, 2016, and completed the execution of the above sentence.

Criminal facts

On June 5, 2017, at around 22:10, the Defendant viewed a mobile phone from a bridge consisting of the steel located near the subway line 6 subway lines D. 3 stations in Jongno-gu Seoul Metropolitan Government, and four stations, such as the exit of subway lines 6 stations and the exit of subway lines 4 stations in Jongno-gu, and the Defendant saw the victim E (e.g., 24 years of age) with the victim’s left her own hand, she mard with the victim’s left her part.

Accordingly, the defendant committed indecent act by assault against the victim.

[Judgment of the court below]

The Defendant, who committed a sexual crime as above, committed a sexual crime, was sentenced to imprisonment with prison labor for a sexual crime and the execution of a sentence is completed, and thereafter, committed a sexual crime again in two weeks or more while attaching an electronic tracking device under the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. The Defendant was found to have committed a sexual crime on two or more occasions, and such a sexual crime is highly likely to recommit a sexual crime in a similar situation, comprehensively taking into account the method of crime and the status and career of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of resignation to E;

1. Each investigation report (Evidence list 4, 10, 14, 15, 21);

1. Sending data received by an electronic device subject to attachment;

1. Previous records before ruling: Criminal records, etc., investigation reports (Evidence 17), personal confinement status, and judgment;

sentence

1. The risk of recidivism: (a) the following circumstances that can be recognized by comprehensively taking account of the following evidence and the request for an order to attach an electronic device: (b) the Defendant committed the instant sexual crime in 2 weeks south after the completion of the execution of the sentence after having been sentenced to an order to attach an electronic tracking device for ten months and a fine of three years due to the crime of indecent act by compulsion; (c) the crime of indecent act by compulsion on the criminal records previously committed by the Defendant also committed the instant sexual crime by indecent act by compulsion on one occasion, depending on the female who was under the old age, while using her her her her her her her her senth, which is similar to the instant sexual crime; (c) the Defendant is deemed to have committed the instant sexual crime at a total point of 17 points as a result of the evaluation of the Korean risk of sex offenders (at least 13 points); (d) the Defendant is deemed to have a high risk of recidivism (at least 24 points in total as a result of the evaluation of the 'L-R-ray of mental disorder’ and its age;

Application of Statutes

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

Article 298 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. The proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Order not to complete a program (the order to complete a program under Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders shall not be imposed concurrently);

1. An order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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. Grounds for sentencing, Article 5 (1) 1, 2, and 3, Article 9 (1) 3, and Article 9-2 (1) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders in Order to attach Electronic Monitoring Devices;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

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

[Determination of Punishment] Sex Offenses, General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older), Type 1 (Indecent Act by General)

【Special Escopic Person】 Where the exercise of tangible power is considerably weak; / A repeated crime of the same kind which does not fall under a specific violent crime (a repeated crime)

[Scope of Recommendation] Imprisonment from one month to one year (Mitigation)

3. Determination of sentence;

The crime of this case is likely to be subject to criticism in that the defendant committed indecent act by force on the street by attaching an electronic tracking device, and the nature of the crime is not good, and the defendant committed the crime of this case again during the period of repeated crime of two weeks after the execution of the last sentence was completed even though he had been sentenced twice to a sexual crime even though he had the record of being sentenced to two times due to the sexual crime, and even though the victim seems to have suffered sexual humiliation and mental suffering due to the crime of this case, it is inevitable to punish the defendant strictly in light of the fact that the defendant was not able to have

However, considering favorable circumstances, such as the fact that the defendant led to the crime of this case and is against the defendant, the degree of tangible force exercised by the defendant is not significant, and other factors, comprehensively taking into account the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as set forth in the order shall be determined by comprehensively taking into account the various sentencing conditions

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43

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