(영문) 수원지방법원 안산지원 2020.1.17.선고 2019고합267 판결

The defendant shall be subject to employment restrictions for each three years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Criminal History Office

The defendant is a person who operates a public book room with the trade name of "D Driving Institute" in Ansan-si Ba B and C, and the victim E (the age of 17) is a student of the above public book room.

1. On July 1, 2019, around 21:00, the Defendant committed an indecent act by force against the victim in response to his / her son / her son / her son / her son / her son / her son her son / her son her son / her son her son / her son her son.

2. On July 5, 2019, around 21:00, the Defendant: (a) at the Defendant’s house located in the F Building G in Ansan-si, Ansan-si; (b) had students, including the victim, grow the test participants at the Defendant’s house; and (c) had air play while waiting the victim who first arrived and other students; and (d) had the victim breathed, she had the victim boomed the eye; (b) had the victim breathed, she committed an indecent act by coercioning the victim against the victim’s interest.

3. On July 5, 2019, the Defendant, at around 22:00, committed an indecent act by force against the victim on the part of the victim, at the place described in the foregoing paragraph (2) at around 22:00, when the victim complained of the bucks. After having the victim put the bucks on the bucks of the Defendant’s bucks.

4. Around 02:00 on July 6, 2019, the Defendant committed an indecent act by force against the victim, according to the victim’s knife and the victim’s knife and the victim’s knife and knife who was unlocked, followed by the victim’s knife and the victim’s knife.

As a result, the defendant committed an indecent act against the victim, who is a child or juvenile, on a total of four occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of the H comparison;

Application of Statutes

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 (Appointment of Imprisonment)

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Indecent Act)]

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. Exemption from an order for disclosure and notification;

In full view of all the circumstances indicated in 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 disclosure and notification order of registered information needs to be prudent because it may have a significant impact on the defendant; the defendant has no record of punishment for sexual crimes; the defendant can be seen to have an effect to prevent recidivism even with the registration of personal information of the defendant and the order to attend a sexual assault treatment program; and other circumstances such as the disadvantage and anticipated side effects that the defendant may sustain due to the disclosure or notification order and the prevention effect of sexual crimes that may be achieved, the disclosure and notification order of personal information of the defendant should not be disclosed or notified).

1. Registration of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons

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.

1. Reasons for sentencing: Imprisonment with prison labor for a year to June 22

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

(a) Crimes of subparagraphs 1, 2, and 3: Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] <1. General Standard of Indecent Act No. 1. 2014, Jan. 2, 2011> Punishment of Indecent Act by Indecent Acts (subject to 13 years of age or older) No. 2 of the Act on Indecent Acts by Compulsion 2 of the Act on Indecent Acts by Compulsion 3 of the Act on Indecent Acts by Indecent Acts by Indecent Acts

[Scope of Recommendation] Special Mitigation Zone, 6 months to 2 years1]

(b) Scope of recommending punishment based on the standards for handling multiple crimes: From June to August 3 (the upper limit of crimes ＋ the upper limit of crimes 1/2 + the upper limit of crimes 3). The scope of recommending punishment revised according to the applicable sentences: Imprisonment with prison labor for a period of one year to three years (in cases where the lower limit of the scope of sentence recommended by the sentencing guidelines is inconsistent with the statutory lower limit of the applicable sentences, the lower limit of the applicable sentences in law shall prevail); and

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence are crimes committed by the Defendant by force by force, such as using her 17-year juvenile attending the public book operated by him/her, or facing her to the view of the victim. In light of the relationship between the Defendant and the victim and the place of crime, etc., the crime is not good. The crime in this case appears to have been committed by the indecent act of the victim who was enrolled in the third year in high school at the time of committing the crime in this case by force from the public book instructors who were believed to have committed an indecent act by force.

However, the Defendant recognized all the instant crimes, thereby contravening the mistake. The Defendant did not have any history of criminal punishment heavier than that of the same kind of power or fine. The Defendant does not seem to have any gravity or indecent act that the Defendant has exercised against the victim, and the Defendant does not want the punishment against the Defendant by mutual consent with the victim. In addition, the Defendant’s age, character, character, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing factors indicated in the pleadings of the instant case, such as the circumstances after the crime, etc., shall be determined as ordered in consideration of all sentencing factors indicated in

Judges

Freeboard of the presiding judge and judge

Judges Yoon Young-man

Judges Cho Dong-dae

Note tin

1) The indecent act by compulsion by juveniles (including deceptive schemes and indecent acts by force) shall be included in two types, and the upper and lower limit of the scope of sentence shall be reduced to 2/3.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제7조 제3항

-아동ㆍ청소년의 성보호에 관한 법률 제21조 제2항

-아동ㆍ청소년의 성보호에 관한 법률 제49조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제50조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제56조 제1항