(영문) 부산지방법원 2015.2.6.선고 2014고합677 판결

Disclosure information on the accused shall be disclosed through an information and communications network for two years, and the notified information shall be notified for two years.

Reasons

Criminal facts

At around 08:00 on June 25, 2014, the Defendant: (a) approached the victim C (the 14th age), who was on the street in front of the Sungbuk-dong, Busan, the Dong-gu, Busan, to walk to the school; (b) laid the victim’s vehicle in which the Defendant was driving; (c) laid the smartphone between the bridge and play a smartphone; and (d) viewed the victim’s obscene video while driving the obscenity; and (c) caused the victim to view the obscenity video, and (d) caused the buckbuck in the buck of the victim who could not properly resist the buck.

Accordingly, the Defendant committed an indecent act against the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording recorded by the police against C;

1. Police video CDs against C;

1. Detailed descriptions and descriptions of D, E, F, and G, H, and I;

1. An investigation report (Attachment of a photograph by obscenity video fixor);

Application of Statutes

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

Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Article 21(2) main sentence, (3), and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Act on Probation, Etc.

1. An order for disclosure and notification;

The reason for sentencing under the main sentence of Article 49(1)1 and (3), the main sentence of Article 50(1)1 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

[Scope of Punishment] Imprisonment from 1 to 15 years

[Determination of Punishment] A sex crime, general standard, crime of indecent act by compulsion (subject to the age of 13 or more), type 2 (Indecent act, such as indecent act by compulsion, living intrusion, etc. by relatives relation), special indecent act

[Special Escopic Persons] Where the exercise of tangible power is significantly weak, the degree of indecent act is weak (each mitigated element).

[General Sentencing] Voluntary reflective (Mitigations) and in the case of committing a crime against juveniles (Aggravations)

[Scope of Recommendation] From six months to two years (at least two special mitigation areas, and at least two special mitigation persons exist, the lower limit of the sentence range recommended in the sentencing guidelines shall be mitigated to up to 1/2, and the upper limit and lower limit of the sentence range applicable to 'indecent act by force by force based on relative relations' shall be mitigated to 2/3) [the scope of the revised recommended punishment] Imprisonment for one year to 2 years (the lower limit of the punishment shall be governed by the applicable sentences).

[Reasons for Suspension of Execution] In a case where the exercise of force is considerably weak in indecent act by compulsion, where the degree of indecent act in an indecent act by compulsion is weak (affirmative of positive participation), serious reflectivity, and where a deceptive act or force other than assault and intimidation is used, the defendant's health status is very good (affirmative of positive general participation), and criminal records of suspended execution or more than twice (unlawful participation reasons).

[Pronouncement Decision] One year of imprisonment with prison labor and two years of suspended execution are indecent acts committed by the Defendant by force, such as reproduction of obscene videos, etc. after the Defendant was born to a female juvenile who is attending the school. In light of the background, method, etc. of the crime, the crime in this case appears to have been made considerable sexual humiliation and mental impulses due to the crime in this case. Furthermore, considering the fact that the Defendant expressed distorted sexual consciousness by means of greatly reproducing obscene videos in the school near the school where female students attend the school in this case, other than the crime in this case, it is inevitable to strictly punish the Defendant: Provided, That there is no history of criminal punishment prior to the crime in this case, the degree of indecent acts is minor, the exercise of tangible power is considerably weak, the Defendant’s age, character and conduct, etc. after the execution of the punishment in this case shall be determined by taking into account all the following circumstances: the sentencing of the sentence in this case shall be suspended.

Where a conviction becomes final and conclusive on the facts constituting an offense against the defendant, 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