(영문) 서울중앙지방법원 2018.7.13. 선고 2018고합421 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 programs for 40 hours.

Reasons

Criminal facts

The defendant sent to the person in charge of charge collection and guidance at the ‘E' business establishment located under Seocho-gu Seoul Metropolitan Government D', and responded to this, he sent to the women operating the personal blogs for the purpose of the above business for the purpose of selling the bloging so that he would be free of charge to the women who operated the blogs, and led the women who found the above business to escape as if it is a general Mloging process, and led the women who found the blogs to engage in the blogsing and committing indecent acts.

1. A similar rape with a victim F;

At around 10:00 on October 26, 2017, the Defendant: (a) took the side of the Defendant at the above business establishment and found the place; (b) took off the victim F (the age of 23) from all clothes, and laid down in the bend; (c) took off the victim’s body, and (d) took the victim’s body, and (d) took the victim’s part of the bend part of the victim’s bend part of the bend part of the bend part of the victim’s body, and (e) took the part of the victim’s bend part of the bend part of the body of the victim, and (e) took the part of the victim’s bend part of the body of the victim, and (e) took the part of the bend part of the bend part of the bend part of the body of the victim, and (e) took part of the victim’s body, leading the victim’s part of the victim’s body to take part in the bend part of the victim’s body.

2. Similar rape with regard to victims G;

At around 10:45 on November 23, 2017, the Defendant: (a) received the Defendant’s seat at the front place of the business, and found it out; (b) made the Victim G (V, 32 years of age) enter panty only to be placed on the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend; and

3. Indecent acts by compulsion against the victim H;

At around 15:35 on January 28, 2018, the Defendant: (a) directed the victim H (the 27-year-old) who was receiving the Defendant’s seat at the above establishment and found the place, and (b) directed the victim H (the 27-year-old-old-old-old-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-

4. Violation of the Medical Service Act;

No person shall engage in massage for profit without being accredited by the Mayor/Do Governor.

Nevertheless, the Defendant did not obtain the recognition of a massage, and worked as an employee at the above business establishment from September 2017 to February 4, 2018, and performed a massage for the purpose of profit-making by taking advantage of the pressure from the hand and the arms, using the hand and the arms, with the pressure of making use of the hand and the arms, for about 15 times from the unclaimed customers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. Each police statement made to G, F, and H;

1. Investigative reports (in addition to victims and submission of data), investigative reports (in addition to victims and submission of reports on damage situations), investigative reports (in cases of interview with the chief of the office of the marina business establishment), investigative reports (in cases of interview with the president of the business establishment), and investigative reports (in cases of confirmation of facts of Korean unused society);

1. Internal photographs of the business establishment;

Application of Statutes

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

Article 297-2 of the Criminal Act, Article 298 of the Criminal Act, Article 88 subparagraph 3 of the Medical Service Act, and Article 82 (1) of the Medical Service Act (the point of inside or outside the for-profit profit and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty and penalty)

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;

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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment prior to the instant crime; the Defendant’s personal information registration of the Defendant and the completion of sexual assault treatment programs alone appears to have a certain degree of effect on the prevention of recidivism; the Defendant’s age, family environment, social relationship, etc.; the effect of the prevention of sexual crimes, which can be achieved by the disclosure notification order compared to the disadvantage and anticipated side effects that the Defendant would suffer, is relatively less likely to suffer, shall be considered in full view of the overall circumstances such as the Defendant’s age, family environment, and social relationship, etc., the sentencing of sentencing on the Defendant; 1. The scope of imprisonment with prison labor for two to forty-five years;

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

(a) Crimes of similar rape against F;

[Determination of Punishment] General Criteria for rapes (subject to 13 years of age or older)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendation] Reduction Area, one year to two years of imprisonment (sex similar rape shall be punished by Type 1, and the upper and lower limit of the scope of sentence shall be mitigated to 2/3)

(b) A crime of similar rape in relation to G;

[Determination of Punishment] General Criteria for rapes (subject to 13 years of age or older)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendation] Reduction Field, Imprisonment with prison labor for one year or two years (sex similar rapes shall be harmful to Type 1, and the upper and lower limit of sentence range shall be mitigated to 2/3). In the crime of indecent act by compulsion, the crime of indecent act by compulsion is committed.

[Determination of Kind] Punishment No. 1 (General Indecent Act by Indecent Act by Indecent Act by Force) on the General Standards

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year

(d) A violation of the Medical Service Act: No sentencing criteria are set;

(e) The scope of final sentence according to the standards for handling multiple offenses: Imprisonment with prison labor for not less than two years (the minimum limit of the punishment for a crime for which the sentencing criteria are applied concurrently because a crime to which the sentencing criteria are applicable and a crime for which the sentencing criteria are not applicable competes, shall be observed only by the minimum limit of the punishment for a crime for which the sentencing guidelines are set

3. Determination of sentence;

The Defendant, despite the absence of qualification, committed an indecent act against the victims, and committed similar rapes, and thus, the quality of the crime is bad. The victims need to strictly punish the victims who feel a great sense of sexual humiliation due to the instant case.

However, in addition to the disposition of suspension of indictment, there is no particular criminal history for the defendant, both parties agree with the victim and all of them receive a letter of suspicion, and the defendant appears to have the attitude of recognizing and opposing his/her mistake in this court, and other factors of sentencing specified in the arguments of this case, including the defendant's age, character and conduct, environment, motive and means of crime, result, circumstance after the crime, etc., shall be determined by comprehensively taking into account

Registration of Personal Information

Where a conviction becomes final and conclusive with respect to each similar rape or indecent act by compulsion, 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 agency pursuant to Article 43 of the same Act

The registration period of personal information of a defendant shall be 15 years in accordance with Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the nature of the crime of similar rape, the crime of indecent act by compulsion, the crime of other crimes which causes the registration of personal information, the severity of the crime, etc., this case does not require that the registration period of personal information should be more short-term than the period according to the sentence of sentence in accordance with Article 45(4) of the Act on Special Cases concerning the Punishment, etc.