(영문) 수원지방법원 2020.11.26.선고 2020고단5807 판결

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive, and the defendant shall be ordered to attend the sexual assault treatment lecture for 40 hours.

Reasons

Criminal History Office

The defendant and the victim C(n, 24 years old) are workplace assistants.

1. Indecent acts by compulsion on March 2020;

The Defendant, around 05:00 on March 3, 2020, moved from the E parking lot located in Sinsan-si to the taxi stop of the F building in 05:00, the Defendant used the fry and moved to the fry with the victim in the direction of the victim in a state of hand, etc., and used the fry with the victim’s left upper part of the fry, thereby committing an indecent act by force against the victim by spreading the fry of the victim’s chest in the direction of hand, etc.

2. Indecent acts by compulsion on July 30, 2020;

At around 2020, 7, 304:0, the Defendant 20 seconds and rhys the victim’s head at the H office on the third floor of the G building in Yongsan-si. At around 200, the Defendant 20 seconds around the victim’s left part due to the Defendant’s right hand, etc., and dumped the victim’s chest side on the left side of the victim’s left part, and used the victim’s chest seat seat seat on the office’s right hand, and dumped on the Defendant’s right hand, and continued to dump the victim’s right chest in front of the interview room, but the victim dumpeded the victim’s right breast on the hand, and dumped the victim’s right breast, and dumd the victim’s right part on the hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Messen dialogue and CCTV image statutes

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

§ 298 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. To exempt the public disclosure order, notification order and employment restriction order;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the defendant has no record of being punished for sex crimes up to this system, and the defendant's age, family environment, family environment, family relationship, social relationship, relationship with the victim, relationship with the victim, the details and result of the instant crime, the prevention of sexual crimes that can be achieved by the disclosure, notification, employment restriction order, the effect of the protection of the victim, the degree of disadvantage and anticipated side effects of the defendant's entry, and the registration and submission of personal information by the defendant and the submission of personal information to the related institutions, etc. and the disabled for disabled persons.

Where a conviction on a crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information prescribed in 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 4

1. The grounds for sentencing: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with labor for not less than one month but not more than one year and six months.

A. Crimes of indecent act by force around July 2020, 30.

[Determination of Type 1] Crimes of Indecent Act by Compulsion (subject to the age of 13 or more) on the General Standards for Sexual Crimes

[Special Aggravationd Persons] Reductions: Non-conformity of Punishment, Aggravations: None

[Recommendation and Scope of Recommendations] Reduction Area ( Imprisonment with labor for not less than one month but not more than one year);

B. The crime of indecent act by force on March 2020

[Determination of Type 1] Crimes of Indecent Act by Force by Force (Indecent Act by Force) on the General Standards for Sex Offenses (subject to the age of 13 or more)

[Special Aggravationd Persons] Reductions: Non-conformity of Punishment, Aggravations: None

[Recommendation and Extent of Recommendation] Reduction Area (a period of one to one year of imprisonment) (a period of one month) (a period of one or more years of imprisonment). Many crime treatment criteria: A/2 of the maximum of the sentence range of the crime of indecent act by compulsion around July 30, 2020, which is decided on the upper limit of the sentence range of the crime of indecent act by compulsion around March 2020.

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence; and

As stated in the judgment, the Defendant cannot be deemed to have provided the victim with severe mental impulse and sexual humiliation by forcing the victim to commit an indecent act on two occasions, and such a crime cannot be deemed to be light.

However, the defendant shows his attitude to make a confession of all crimes from the investigation process and to reflect it, the degree of force of the defendant, such as assault and intimidation, etc. used by the victim in the course of committing the crime, is relatively less severe, and the defendant has agreed with the victim and the victim.

In light of the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentencing conditions, sentencing guidelines, and the level of punishment for similar cases revealed in the trial process of the instant case, such as the circumstances after the crime, it is reasonable to suspend the execution of the sentence specifically limited to only once, rather than the sentence of the party, and to determine the sentence as ordered by the order, considering the following factors: (a) the Defendant is the first offender who has no record of criminal punishment for the same kind of sex crime, as well as the first offender who has no record of criminal punishment for other crimes.