(영문) 부산지방법원 서부지원 2020.5.29. 선고 2020고단783 판결

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

Reasons

Criminal facts

On February 2020, the Defendant became aware of the Victim B (the title, 13 years of age) through a smartphone-making hold frequency. The Defendant was willing to have sexual satisfaction by drinking or similarity with a victim whose sexual values have not been properly formed, or by sexual intercourse with a victim whose sexual values have not been formed at his age.

On February 14, 2020, the defendant dialogueed with the victim as a smartphone-componser, and the victim who the defendant and the plaintiff wished to talk with the victim, which makes it difficult to meet because it comes to a private teaching institute, and the victim given up the victim's walk that "Irn't have a human body, so that Irn't have been able to sell the store in the street and the dam," which "Irn't have to compensate the victim, so Irn't have n't get the victim to do so." At around 13:35 on the same day, the victim was suffering from the defendant's house located in the Geum-gu Busan Metropolitan City C Building D.

The Defendant, in a ward, set off clothes from the victim, and let the victim enter the Defendant’s sexual organ as soon as possible. In order to stop the Defendant’s sexual organ, the Defendant, by double descendants, took the head of the victim, putting him in the victim’s sexual organ, putting him in the victim’s sexual organ, and repeated the act of cutting off the victim’s sexual organ, and thereby, the victim made vain area and vain.

In the meantime, the Defendant saw the victim as a toilet, and let the victim sit in a changeer, continued to enter the Defendant’s sexual organ as soon as possible, and see the victim’s wall, and inserted the victim’s sexual organ into the sound book of the victim, and then inserted the victim’s sexual organ into the victim’s sexual organ. Thereafter, the Defendant repeated the victim’s act of taking the victim’s sexual organ back to the ward and cutting down the victim’s tamp, and then cutting the victim’s sexual organ into the victim’s sexual organ.

As a result, the Defendant committed sexual abuse, such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. A record of statements made once by the victim;

1. Details of the modernization;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 71(1)1-2 and Article 17 subparag. 2 of the Child Welfare Act, Selection of Imprisonment

1. Order to complete programs;

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

1. Employment restrictions;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare

Reasons for sentencing

The Defendant had sexual intercourse with a child under 13 years of age who is mentally unstable and falls off compared with that of the past, by taking the victimized child into consideration as the subject of his sexual desire. Although the victimized child was found to have a conversation and understood the meaning of 'Marp' through Earp, the Defendant, who is an adult, actively used the victimized child to meet his/her sexual desire so that he/she is able to have an interest in contact and that he/she is able to have a little amount of sexual desire for sexual intercourse with the male. Although it is difficult to see that a direct coercion or intimidation was made, it is difficult to see that there was direct coercion or intimidation, but it is difficult for the Defendant to sell the victimized child in a way that he/she would be able to sell the damaged child in a way that he/she did not have any sexual intercourse with the victimized child, such as the victim's 's 1 hour or 30 minutes,' and the victim' and she did not have any sexual intercourse with his/her own child, and so it is difficult for him/her to do so.

In light of the content of the above act, the degree of sexual abuse is serious and it is clear that the crime resulted in a serious obstacle to the sound sexual and personal development of the victimized child, and the act of taking the victimized child as the object of sexual humiliation itself requires strict punishment. Therefore, it is inevitable to punish the accused accordingly.

However, considering the fact that the defendant is the primary offender, the remaining family with the victimized child was committed in favor of the defendant at one time, and taking into account the age, character, conduct and environment of the defendant, the motive, background, means and consequence of the crime of this case, the circumstances after the crime, and other factors of sentencing as shown in the arguments of this case, the punishment shall be determined as ordered.

Obligation to Submit Personal Information

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

Disclosure Order and Exemption from Notice Order

In light of the fact that the defendant is a primary offender, the registration of personal information, and the completion of a sexual assault treatment program are expected to have the effect of preventing recidivism to a certain extent, and other special circumstances such as the defendant's age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, seriousness of the crime, disclosure order, etc., the degree and expected side effects of disadvantage and side effects of the defendant's entrance due to the crime in this case, the prevention effect of sexual assault crimes subject to registration that may be achieved therefrom, the protection effect of the victim, etc., the court shall not issue an order to disclose or notify the defendant pursuant to Articles 47 (1) and 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