(영문) 서울중앙지방법원 2018.10.10. 선고 2018고합841 판결

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

Reasons

Criminal facts

On March 6, 2018, at around 07:00, the Defendant was unable to drink with the Victim F (F (F, 41 years of age) of the Eran tavern located in Seocho-gu Seoul Metropolitan Government No. 9, while drinking alcohol, the Defendant was off the part of the victim under the influence of alcohol and attempted to have sexual intercourse with the Defendant’s sexual organ listed above the victim’s body while she was sexual intercourse with the victim’s sound part, but did not occur without the occurrence of the occurrence.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of the legal chemical appraisal report;

1. Article applicable to criminal facts;

Articles 300, 299, and 297 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 first offender is the defendant, and the crime in this case alone is one of the crime committed by the defendant, it is difficult to readily conclude that the defendant has a criminal tendency toward an unspecified number of victims. It appears that the defendant's personal information registration against the defendant, the order to attend a lecture for the treatment of sexual assault, and the restriction on employment against children and juveniles-related institutions, etc. can have the effect of preventing re-offending even. In addition, taking full account of the defendant's age, family relation, social relationship, the effect expected by an order to disclose or notify the defendant's personal information in this case, and the disadvantage and side effect of the order)

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

2. Determination of sentence 1):

Although the Defendant, singing the victim, who was singing the victim, tried to have sexual intercourse with the victim under the influence of alcohol, the Defendant attempted to have the victim resist with the wind to resist from the lock. In light of the content and method of the crime, circumstances before and after the crime, etc., the liability for the crime is not easy. The victim appears to have suffered considerable mental impulse and sexual displeasure.

However, the Defendant is a primary offender who had no record of criminal punishment prior to the instant case. The Defendant paid the victim KRW 13 million to the victim, and the victim does not want to punish the Defendant any longer. The Defendant suffers from diveebrate so that health is not good, and has children and parents to support.

The punishment as ordered shall be determined by comprehensively taking into account the above circumstances, the age, character and conduct, intelligence, environment, circumstances before and after the crime, and all the sentencing conditions shown in the trial process.

Where a conviction becomes final and conclusive on the judgment that is a sex offense subject to registration and submission of personal information, the accused 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 the same