(영문) 서울중앙지방법원 2020.9.25.선고 2020고단3615 판결

Probation shall be ordered to the accused, to take a lecture for the treatment of sexual assault for 40 hours, and to provide community service for 160 hours.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities for three years.

Seized evidence referred to in subparagraphs 1 through 4 shall be confiscated.

Reasons

Criminal facts

The Defendant, while driving a B Ortoba in Seocho-gu Seoul Seocho-gu, was able to commit an indecent act against the women by approaching the unspecified women who are mixed, and having her her mack.

1. On October 14, 2019, at Seocho-gu Seoul Metropolitan Government, around 22:52, the Defendant discovered the victim D (n, 24 years of age) coming from the nearest part of the Defendant getting on and off the above Oralba, and returned the direction of Oralba to the victim behind the victim. The Defendant started the Oralba and went fast to the left side of the victim, and turned out the victim’s her her her her her her her her her her her her her her her her m

Accordingly, the defendant committed indecent acts by force against the victim.

2. On October 18, 2019, the Defendant: around 23:46, in front of Seocho-gu Seoul, the Seocho-gu Seoul, the Defendant discovered the victim F (n, 30 years of age) who walked to the mar of a mixed mar while getting on and off the above marb, stopped the marb, and the victim passed through the same Gu G route, leaving the marb, making the victim fast to the right side of the marb and caused the victim’s mar on one time to the left hand. Accordingly, the Defendant by compulsiond the victim.

3. On October 18, 2019, the Defendant: around 23:47, the Seocho-gu Seoul Seocho-gu: (a) discovered the victim I (at the age of 23), discovered the victim I (at the age of 23) in the same direction; (b) fasted the right side of the victim; and (c) went back one time in the victim’s left hand.

Accordingly, the defendant committed indecent acts by force against the victim.

4. On October 19, 2019, the Defendant discovered a victim K (a name, bring, 25 years old) who is passing his front before the Seocho-gu Seoul High Court on October 19, 2019, and the victim passed through the same way of the old L, the Defendant departed from the Ortoba and prompted the victim's right, and caused the victim's her ambb, one time the victim's left hand. Accordingly, the Defendant committed indecent act by force.

Summary of Evidence

1. The defendant's statement in the police station against F, M and N;

1. Written statements of D Preparation,

1. Statement on the traffic situation in preparation of the F;

1. Each protocol of seizure and each list of seizure;

1. Reports on internal investigation, investigation reports (examination of warrant of search and seizure, reply materials), and reports on internal investigation;

1. The application of Acts and subordinate statutes to the data on field CCTV photographs, the data on processing 112 reported cases, the data on processing of 112 reported cases received by the Seoul Western Police Station, the data on 0 underground parking lot photographs, the data on vehicle-to-face printing, the certified copy or abstract of resident registration record cards, the current status of holding A's driver's license, the data on CCTV image pictures taken by a driver of an ozone-to-bred vehicle, the data on screen image pictures taken by a driver of an ozone-to-bred vehicle, the next red meeting, the victim's photograph in front of the victim's assault, the data on video images taken around the victim's photograph, the data on video images taken around the victim's residence on October 19, 2019;

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

Article 298 of the Criminal Code, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation, order to attend lectures or order to provide community service;

The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. 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 Welfare of Disabled Persons Act;

1. Confiscation;

The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: (a) the Defendant, at night, engaged in an indecent act by checking the subject and approaching him/her; and (b) the method of committing the crime was extremely dangerous. In particular, even according to the Defendant’s assertion, the same is more true in light of the fact that the Defendant was a large number of victims and some victims did not have been able to take advantage of the drug by taking the drug, such as stroke-m and drinking alcohol; (c) even around 2013, the Defendant committed a crime of cutting down the article and inflicting bodily injury upon the victim by approaching the victim.

However, the defendant's mistake is recognized by agreement with two victims. The victim does not want the punishment of the defendant. The defendant has no record of punishment exceeding the punishment or fine in addition to the punishment twice for a sex offense. The defendant's age, character and conduct, environment, motive of the crime, degree of indecent conduct, circumstances after the crime, etc. shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive of the crime

If a judgment of conviction against a defendant who shall file for the registration and submission of personal information becomes final and conclusive, the defendant is 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

Disclosure Order, Exemption from Notice Order

Considering the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the instant order, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there is a special circumstance where disclosure or employment of the Defendant’s personal information should not be restricted. Accordingly, the said order shall not be issued to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.