(영문) 수원지방법원 2020.11.26.선고 2020고단5384 판결

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive, and the defendant shall be ordered to attend the sexual assault treatment lecture for 40 hours.

Reasons

Criminal History Office

At around 05:52 on July 12, 2020, the Defendant: (a) entered the E Convenience located in Suwon-si, the “F” located in the same Gu as the above convenience store; (b) entered the said convenience store, and used the head of the victim who saw drinking water as his hand. On the other hand, the Defendant committed an indecent act against the victim by selling the victim’s her hythum on two occasions with the victim’s hythum.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to capture CCTV images inside convenience stores;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime;

Article 298 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

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

1. To exempt the public disclosure order, notification order and employment restriction order;

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the defendant has no record of being punished for sex crimes up to this system, and the defendant's age, family environment, family environment, family relationship, social relationship, relationship with the victim, relationship with the victim, the process and consequence of the instant crime, the prevention of sexual crimes that can be achieved through the public disclosure, notification, employment restriction order, the effect of the protection of the victim, and the degree of disadvantage and anticipated side effects of the defendant's entry, it is deemed that there are special circumstances that the defendant should not disclose and notify personal information of the defendant or order employment restriction on the child, juvenile-related institution, etc. and welfare facility).

Where a conviction on a crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information prescribed in 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 Article 4

1. The grounds for sentencing: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of recommending sentencing criteria: Imprisonment with labor for not less than one month but not more than one year.

[Determination of Type] The first type (general indecent act by force) of the crime of indecent act by force (subject to 13 or more years of age) on the general standards of sexual crimes

[Special Aggravationd Persons] Reductions: Non-conformity of Punishment, Aggravations: None

[Recommendation Area] Reduction Area

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

As stated in the judgment, the Defendant’s indecent act by force against the victim, thereby making the victim feel serious mental impulse and sexual humiliation, and it cannot be said that the crime is light.

However, the defendant appears to have an attitude against his will to make a confession of all crimes and reflect on his will; the defendant expresses his intention not to have the defendant punished in this court by mutual consent with the victim; the defendant's primary crime that has no record of criminal punishment for any other crime as well as the same sex crime until now is taken into account somewhat favorable circumstances to the defendant; considering the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime; the determination of the sentencing guidelines and the degree of punishment for similar cases revealed in the trial process of this case, such as the circumstances after the crime, etc.; and considering the degree of punishment for similar cases, it is reasonable to suspend the execution of the sentence more specifically only once than the sentence imposed by the defendant; and the sentence shall be determined as per the order.