(영문) 광주지방법원 순천지원 2020.5.13. 선고 2019고단2260 판결

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

Reasons

Criminal facts

1. Crimes committed on or around May 18, 2019;

On May 18, 2019, at a place where the location is unknown, at around 22:22, the Defendant sent a text message, i.e., “B” to the victim C (here, 20 years of age), “I am h? I am h? I am h? I am d? I am d? I am d? I am son’s sexual humiliation to the victim.

2. Crimes committed on June 19, 2019;

At around 18:45 on June 19, 2019, the Defendant sent a text message, such as “E,” “E,” at a place where the location is unknown, and then sent a door to the victim’s see, as soon as possible, that the Defendant sees that she might be fright, and that she would be fright to her, if she is fright and her, she would be fright to her at the beginning level, and that she would be fhere if she is fhere and her, she would be fhere and her at the end, so that the Defendant might cause sexual humiliation to the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (a closure of the contents of conversation submitted by the victim), investigation report (a closure of the account of the suspect with his/her own gram);

Application of Statutes

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

Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order to complete programs;

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

1. An employment restriction order;

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 Act on Welfare

Reasons for sentencing

On March 22, 2019, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection of Victims (a person who was sentenced to six months of imprisonment for obscenity and two years of suspended sentence on March 30, 2019 due to obscene crimes using communications media) and repeated the same crime even though the sentence has become final and conclusive and conclusive, the Defendant has to be sentenced to imprisonment again. However, the Defendant appears to be in profoundly against his/her mistake, and the Defendant was hospitalized in a mental hospital after each of the of the instant crimes, and determined the same sentence as the order by comprehensively taking into account all the factors indicated in the instant arguments and records, such as the Defendant’s age, character and behavior, environment, motive and consequence of the crime, and the circumstances after the crime.

Registration and submission of personal information

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

Disclosure Order and Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence, and circumstance after the instant crime, the prevention of sexual assault crimes expected by the disclosure order or notification order, the effect of the protection of the victim, and the disadvantage and anticipated side effects of the Defendant, it is deemed that there is a special circumstance that the disclosure or notification of the Defendant’s personal information may not be made. Accordingly, the disclosure or notification order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection