(영문) 서울중앙지방법원 2018.8.17. 선고 2018고합581 판결

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

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

Reasons

Criminal facts

The defendant from January 2, 2018 to DB damage insurance company DB damage insurance company from January 2, 2018 is a person working as DB damage insurance company, and the victim E is a staff member of DB damage insurance company.

Around 02:30 on January 11, 2018, at the residence of the Defendant, G china and the Defendant’s building 602 located in Sinsi Sin Sin Sin Sin, the Defendant tried to drink at the Defendant’s house after having immediately held the victim’s and staff H and drinking at the Defendant’s house, and tried to take the victim’s body and H to the first floor while drinking the Defendant’s house and drinking the said H, and then returned to 602, she was under the influence of alcohol, and tried to put the victim under the influence of alcohol into the part of the victim’s body after reporting the victim’s clothes, and inserting the sexual organ into the part of the other victim’s body, she was under the influence of alcohol from the victim, and she was unable to bread from the victim’s body, and she did sexual intercourse with the victim by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A gene appraisal report;

Application of Statutes

1. Article applicable to criminal facts;

Article 297 of the Criminal 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order for disclosure and notification;

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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is difficult to readily conclude that the Defendant has no record of punishment for the same sex offense, and the crime in this case alone has a criminal tendency against an unspecified number of victims. The Defendant’s personal information registration and participation in the sexual assault treatment lecture alone appears to have an effect to prevent recidivism. In addition, comprehensively taking account of the Defendant’s age, family relationship, social relationship, expected interest and preventive effect from an order to disclose or notify the Defendant’s personal information during the pleading of this case, and any disadvantage and side effect therefrom, it is reasonable to deem that there are special circumstances that the disclosure or notification of Defendant’s personal information should not be made).

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

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape) (Special Rape) (Special Rapes : Additations)

[Scope of Recommendation] Reduction Area, one year and six months of imprisonment to three years

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

In this case, the crime of this case was committed with the victim, who is a subordinate employee of the defendant, and was committed by the victim, and the victim was forced to take care of his house and control from the victim, and thus, the crime was committed with sexual intercourse by suppressing the victim's resistance. The crime of this case seems to have been committed with mental impulse and sexual humiliation. The victim seems to have been committed with the crime of this case.

○ favorable circumstances: The Defendant is a first offender who has no previous conviction. The Defendant denied the instant crime in the course of the initial police investigation, but thereafter recognized and reflected his mistake.

The defendant does not want punishment against the defendant by mutual consent with the victim. The detention of the defendant is considered to involve excessive difficulties to his/her family members. The registration of personal information and the submission of personal information shall be submitted.

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