(영문) 대구지방법원 경주지원 2020.2.10.선고 2019고합52 판결

The defendant shall be ordered to take a 40-hour course for sexual assault treatment and provide community service for 160 hours. The defendant shall be subject to employment restrictions for four years in institutions, etc. related to children and juveniles and welfare facilities for persons with disabilities.

Reasons

Criminal facts

The defendant is a person operating studio and commercial building leasing business in the building of racing-si, and the victim C (the 18th, the 18th, the 18th, the 18th) is a high school student engaged in studio in building D.

At around 04:40 on June 12, 2019, the Defendant called the victim that the Internet ion should not be shared, and found the above studio. Although the studio inspected the co-ownership of the studio but did not resolve it, the Defendant was seated on the studio without leaving the studio, and she was seated on the stude, she was cut down to the stude, she was seated on the stude, she was seated between the Defendant’s legs, and she was seated on the stude, she was "I want to leave the stude of the victim? I want to do so? I want to leave the stude of the victim? I want to do so? I want to leave the stude of the victim? I want to leave the stude of the stude? I want to do so? I want to leave the stude of the victim?

The defendant continued to engage in a more excessive behavior against the defendant when she saw that the defendant had been able to do so. The son and the son of the victim, the back part of the neck, the knife of the victim, and the knife of the victim after the victim's shoulder, and the knife the chest of the victim by putting the knife of the victim, the knife the chest of the victim, and the knife the knife of the victim, and the victim's knife the knife, "I want to have the knife a school, so I want to do so."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Police internal investigation report (Attachment of relevant field photographs, such as site situations), police investigation report (Attachment of a response to a request for appraisal on the body of the victim for damage, response to a response to a request for appraisal on the body of the victim, results of genetic assessment of the victim's body-finding male DNA suspect, and submission of a message of 'Do and 'Order of Organization' sent to the victim to his/her relative at the

1. Written request for appraisal (2019-D-3647) and written appraisal of genes;

1. Application of the Act and subordinate statutes by cutting down the victim's approximately map, corridor photographing photographs of the victim's residence, room room at the main site and the suspect's residence image, etc., which the victim sent to his/her her friendly Gu, and the screen of the Messenger

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, and Article 298 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 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Social service order;

Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Exemption from an order for disclosure and notification;

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 of this case is not a crime against many unspecified persons, and the registration of personal information and the order to attend school alone seems to have the effect of preventing recidivism. The defendant has the penal power to punish the crime of rape and bodily injury, but this is the punishment power for the crime of rape and bodily injury, and the defendant has relatively low effect on preventing sexual crimes compared to the disadvantages that he/she suffers and anticipated side effects of disclosure and notification order, and other circumstances such as the defendant's age, occupation, home environment, social relationship, motive, means, and consequence of the crime of this case, it is judged that there is a special circumstance that the defendant should not be informed of personal information to him/her.

1. Reasons for sentencing: Imprisonment with prison labor for up to 30 years;

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

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (the subject of the age of 13 or more) shall be prescribed on the basis of a sex crime (the second-class punishment) by blood relatives, indecent act by indecent act such as residential intrusion/special indecent act by compulsion.

[Special Convicts] Reductions: Non-Punishments

[Recommendation and Scope of Recommendation] Reduction Area, one year to two years [including indecent acts by deceptive means and force against juveniles (including indecent acts by indecent means and force against juveniles) shall be included in the category two, but the upper and lower limits of the scope of sentence shall be mitigated to 2/3] Imprisonment for two years (in cases where the lower limits of the scope of sentence recommended by the sentencing guidelines are inconsistent with the statutory minimum applicable sentences, it shall be based on the statutory minimum limits of the applicable sentences).

[Reasons for Suspension of Execution] Major prides: Reasons for the general pride of a member who has not been punished: clear social relationship, contingent crimes, and serious reflectivity;

3. Determination of sentence: Two years of imprisonment with prison labor and four years of suspended sentence;

In light of the background of the crime, relationship between the Defendant and the victim, age difference, etc., the Defendant committed an indecent act against a female juvenile. The victim appears to have been subject to considerable sexual humiliation and mental impulse due to the instant crime. The Defendant denied his/her own criminal act by the police, and did not seem to have an attitude against him/her. Furthermore, the Defendant was sentenced to a suspended sentence of imprisonment due to the injury resulting from rape in around 200.

However, the Defendant seems to have committed the instant crime against the prosecution. At the request of the victim, the Defendant committed the instant crime in order to check the sharing of Internet over-waves, and the Defendant committed the instant crime with contingent impulses, and does not seem to have exercised the heavy tangible power. The Defendant has no record of being punished for the same kind of crime except imprisonment with prison labor for rape bodily harm before about 20 years, and there was no record of criminal punishment except imprisonment with prison labor for rape bodily harm. In addition, the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc. shall be comprehensively considered.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.