(영문) 서울중앙지방법원 2019.2.18. 선고 2018고합934 판결

The registered information on the accused shall be disclosed and notified for ten years (Provided, That the summary of the sex offense disclosed and notified shall be limited to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant shall be ordered to place an employment restriction on institutions, etc. related to children and juveniles for ten years.

The attachment of an electronic tracking device shall be ordered to the person requested to attach an electronic device for ten years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

Reasons

Criminal facts and the facts constituting the attachment order

【Criminal Facts】

The defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") had a friendly relationship with the victims by having the victim D (14 years of age), E (13 years of age), F (15 years of age), and G (14 years of age) residing in the building B, C, and nearby middle schools without any specific occupation in Seoul Special Metropolitan City.

"2018 Gohap934"

At around 20:30 on June 4, 2018, the Defendant heard the horses, such as the victim D, E, and F, “a change of 200,000 won in cash,” at the inside of the above residence, and the Defendant suffered from the victim D, E, and F, the victim, who was in custody in front of the cooling house for the ward, with the flusium containing gasoline and francing gasoline on the inside floor where the victims were in possession of gasoline and flusium, and the victim D and E, whose number of treatment days cannot be known, and the victim’s flusium and flusium 2, in which case the victim F cannot identify the number of treatment days, and the victim’s blusium and flusium 2, in which case the victim F, cannot be identified.

Accordingly, the defendant was injured by the victims by setting a house in which people exist.

"2018 Gohap988"

1. Crimes against victim F;

A. On December 28, 2017, at around 19:30 on December 28, 2017, the Defendant committed an indecent act by force against the victim by using her own arms, and by using her son and son with his son and son with his son and son on five occasions.

B. On February 19, 2018, around 19:00, the Defendant committed an indecent act against the victim by taking her hand into panty of the victim, who was divingd by the bed bed by the bed bed by the bed of the bed, in the Defendant’s residence, and by taking her panty and sexual organ alone, using the victim’s refusal to resist.

C. On March 19, 2018, at around 19:00, the Defendant: (a) stated that “the victim, who was playing in the above Defendant’s residence, was erroneous; (b) placed the victim’s panty descendants in the victim’s panty; and (c) committed an indecent act by force against the victim by putting her son and her son.

D. At around 22:00 on the same day as the preceding paragraph, the Defendant committed an indecent act by force against the victim by inserting his hand to the victim who was reporting TV at the Defendant’s residence at the victim’s own panty, thereby holding the victim’s sexual organ up to twice.

2. Crimes against victims G;

On May 19, 2018, at around 19:00, the Defendant: (a) was under influence of alcohol at the Defendant’s residence; (b) was exempted from all the subordinates of the victim, who was unable to resist due to being able to resist; and (c) was able to resist the victim’s body and sexual organ with grandchildren; and (d) committed indecent act against the victim, who was a child

3. Crimes against victims D;

At around 20:00 on February 2, 2018, the Defendant saw the victim who was playing in his/her place at his/her residence, and committed an indecent act by force against the victim, who was a child or juvenile, by using the victim’s sexual organ in his/her hand.

4. Crimes against victims E;

On April 19, 2018, around 19:00, the Defendant: (a) committed an indecent act by force against a child or juvenile victim, who was playing in the above Defendant’s place at his/her residence, with his/her own arms, and her son son son son son son son son son, and son son son son son son son son son kn

[Fact of Grounds for Attachment]

Since the Defendant had a record of sexual assault against minors and of an order to attach an electronic tracking device for five years, who is under the age of 19 years, committed sexual assault crimes on more than two occasions, the Defendant is likely to recommit sexual assault crimes.

Summary of Evidence

[2018] 934

1. Defendant's legal statement;

1. On-site photographs, on-site identification reports, legal chemical appraisal reports, field identification photographs, recording records (Evidence Nos. 9 through 11) and diagnosis reports (Evidence Nos. 14, 16, 17);

[2018 198]

1. Defendant's legal statement;

1. Each written statement of G, F, D, and E;

1. Investigation report (victim F telephone conversations) and investigation report (victim D telephone communications);

1. Contents of conversation between H Messen;

【Risk of Reoffending at the Time of Sales】

In full view of the following circumstances and the Defendant’s age, character, occupation and environment, subject matter and method, developments, motive, means, and place of the offense, which may be recognized by the above evidence and the written investigation prior to the claim, the Defendant can be recognized as having the risk of recidivism of sexual crimes and the recidivism.

① On January 12, 1997, at the Suwon District Court, the Defendant was sentenced to imprisonment with prison labor for the crime of indecent act by force, etc., and on May 14, 2004, at Seoul High Court sentenced each of four years to imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (13 years old, minor rape, etc.). Around November 2017, the Defendant committed the instant sexual assault crime after the provisional cancellation of the attachment order with an electronic tracking device attachment order for five years.

② The Defendant has been committing an indecent act after he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she gets together with young children and juveniles.

3 As a result of the evaluation of the risk of sex offenders in Korea (KSOAS), the risk of re-offending has reached the level of 13 to 29 higher (13 to 29), and as a result of the evaluation of the selection of mentally ill persons (PC-R), it has been confirmed that the risk of re-offending due to the qualitative characteristics of mental illness falls under the total of 20 points (7 to 24 points), and the comprehensive risk of re-offending against the defendant was assessed to the level of 'high'.

Application of Statutes

1. Article applicable to criminal facts;

Article 164(2) main sentence and Article 164(2)(1)(a) of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 (a), (c), (d) and (4) of the Criminal Act, Article 7(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 and Article 298 of the Criminal Act (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of bodily injury resulting from fire to each present building, the punishment between crimes of bodily injury resulting from fire to each present building, and the punishment against the victim F with the largest situation)

1. Selection of punishment;

Imprisonment with prison labor and imprisonment with prison labor for the remaining crimes against the death or injury of the suspender building.

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of Concurrent Punishment and Injury resulting from Fire to Present Building with the largest Punishment)

1. An order for disclosure and notification;

The main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

1. Article 9 (1) 3, Article 5 (1) 3 and 4, Article 9-2 (1) 1, 2, 2-2, 3-2, and 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to matters to be observed;

1. The proviso to Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the imposition of an order to complete a program under Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders);

Registration of Personal Information

Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information pursuant to Article 42(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a conviction on a crime of indecent act is finalized, a defendant is subject to registration of personal information pursuant to Article 42(1) of the same Act, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act (where a sex crime which causes the registration of personal information in this case and other crimes are punished as concurrent crimes pursuant to the former part of Article 37 of the Criminal Act, and it is not recognized that the whole sentence is unreasonable to regard it as a sentence due to a sex crime which causes the registration of

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

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

○ Crimes of Injury or injury to the present building 3)

[Determination of type] Injury or death caused by fire, such as main building, etc., such as the main building/Death or injury caused by fire. (Death or injury caused by fire such as the main building)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 4-7 years of imprisonment

○ Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

[Determination of Kind] The crime of indecent act by force (subject to the age of 13 or more) on the grounds of the general standards on sexual crimes, the second type of the crime of indecent act by force (a indecent act by force, such as by force or by force on the part of relatives

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from August to April (* Mono-type standards: juvenile indecent act by compulsion, the minimum and upper limit of sentence shall be reduced to 2/3).

○ The scope of final sentence due to the aggravation of multiple crimes: Imprisonment with prison labor from 5 to 10 September 10 (compliance with the lower limit of applicable sentences under law)

3. Determination of sentence;

The Defendant committed an indecent act against the victims on several occasions by stockpiling their friendship with the victims of her age. In light of the Defendant’s power, object, background, and attitude, the crime seems to be bad, and the male juveniles, who have not yet established a proper sexual values, seem to have suffered considerable difficulties in creating a sound sexual morality. Nevertheless, the Defendant, despite the fact that he left his house with the victims and placed a physical and mental wife difficult for the victims once again. Fire-prevention crimes such as the crime in this case are crimes detrimental to public safety and peace, which are highly likely to cause serious damage to the lives and property of the victims, and thus, are highly likely to be criticized for the Defendant. The Defendant was unable to get used from the victims.

However, the defendant also takes into account the favorable circumstances in which he/she suffered a considerable image, and the defendant's age, character, conduct, environment, family relationship, motive, means and consequence of the crime, and the various sentencing factors as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered by the court.

Judges

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young

Note tin

1) Some of the facts charged were corrected and corrected to the extent that it does not impede the Defendant’s exercise of the right of defense.

2) An investigation conducted twice prior to the filing of a claim against the Defendant was conducted on two occasions (as to the crime of Paragraph 2 of Article 2018, 2018, 98, and as to the crime of Item 1, 3, and 4, and as to the number of victims of this crime), and the result of the 14 points added up to the number of victims of this crime is accepted, on the premise that the number of victims of this crime falls under two or more.

3) The sentencing guidelines do not apply to the crimes of injury or injury resulting from the present building or fire are not applied as they are, but refer to the determination of sentencing.