(영문) 울산지방법원 2020.7.17.선고 2020고합62 판결

The accused shall order the employment restrictions (including the prohibition of operation and actual labor provision) to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for each three years.

Reasons

Criminal facts

1. At around 22:18 on February 1, 2020, the Defendant 2:2:18, at the front forum of the “Crogate in Yangsan City B, the Defendant : (a) walked the victim D (at the age of 15) who was seated in the crogate, and : (b) walked the horses, and : (c) carried the Defendant’s belongings away from the bank, and : (d) carried the Defendant’s personal belongings, so that the Defendant : (e) took the Defendant’s body, and (e) took the Victim’s body, and (e) took the Victim’s body, and (e) took the Defendant’s body, leaving the Defendant’s body back and took the Defendant’s arms, and (e) took the Defendant’s indecent act by force, who is a child or juvenile.

2. The Defendant, as seen above at the above date and at the above place, got off D’s body while leaving D’s body, and tried to use D’s friendly-gu victim E (here, 15 years old) who was next to the Defendant. However, the Defendant attempted to use his arms outside and out of the body. However, the Defendant did so with the Defendant’s arm’s body, i.e., “the victim’s body, magbbbbb in the body, and magbbb in the wind.”

Accordingly, the Defendant attempted to commit an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written statement of D and E;

1. Application of investigation reports (on the current state at the time, concerning the statement of the suspected suspect), and application of Acts and subordinate statutes on reports on the occurrence of a crime;

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, Article 298 of the Criminal Act (a point of indecent act by compulsion against children and juveniles), Article 7(6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (a point of attempted indecent act against children and juveniles), and each 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 crime committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse]

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;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. 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 (amended by Act No. 16622, Nov. 26, 2019) (the defendant is the first offender; the defendant's order to attend a course, employment restriction order, and registration of personal information appears to have the effect of preventing recidivism of the defendant; the defendant's age, character and conduct, method and consequence of the crime; disclosure order and notification order; the degree of disadvantage and anticipated side effects of the defendant's disadvantage caused by the disclosure order; and the effect of preventing sexual crimes that can be achieved by such order; and the protection of the victim, there are special circumstances where disclosure and notification of the defendant's personal information should not be disclosed or notified).

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. The grounds for sentencing: Imprisonment with prison labor for a period of one year to 22 years;

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

(a) First offense (violation of the Act on the Protection of Children and Juveniles against Sexual Abuse);

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2). Indecent act by indecent act such as by indecent act by blood or by personal intrusion/special indecent act by compulsion.

[Special Esponsor] Reduction element: In cases where the degree of indecent conduct is weak, the court not to punish him/her;

[Recommendation and Scope of Recommendations] Special Mitigation Area, 9 months to 3 years of imprisonment

B. An attempted crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse is not set in the sentencing guidelines.

(c) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than nine months (limited to the lowest limit of the recommended punishment for crimes for which the sentencing criteria are set, since concurrent crimes are concurrent crimes with those for

(d) Scope of recommended sentences modified by applicable sentences: One year to 15 years (where the scope of sentence recommended by the sentencing guidelines differs from the scope of applicable sentences in law, it shall be in accordance with the scope of applicable sentences in law).

3. The instant crime committed by the sentence decision was committed by the Defendant by committing an indecent act by using sparing the victim from the street at night at about 10:0 p.m., and committing another indecent act and attempted to commit another indecent act. In that context, it is not good that the victims are juveniles and committed at night at a public place, and that the victims are likely to receive a considerable amount of mental impulse due to the instant crime.

However, considering the favorable circumstances, such as the fact that the defendant is both recognized and reflected in the crime of this case, that the victim was not punished against the defendant, that the victim was not punished by the consent of the victim E, that one million won was deposited after seeking the consent of the victim E, that the degree of indecent act is not relatively more severe, that the primary offender is the first offender, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime.

Where a conviction becomes final and conclusive on each criminal fact in the judgment on the accused who shall file for the registration and submission of personal information, the accused is a person subject to registration of personal information pursuant to the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to