(영문) 제주지방법원 2020.10.8.선고 2020고단1897 판결

Each employment restriction shall be ordered to the defendant for three years at institutions, etc. related to children and juveniles and welfare facilities for persons with disabilities.

Reasons

Criminal facts

The Defendant is a person who operates a C cafeteria in Jeju City, and the victim D (n, 25 years old) was a person who used the arch in the above cafeteria from February 20, 2020 to April 10 of the same year, and the victim E (the victim, the son, the 20 years old) was a person who used the arch in the above cafeteria from April 16, 2020 to April 22 of the same month.

1. Indecent acts by compulsion against the victim D;

A. Indecent act by compulsion on March 2020

On March 2020, the Defendant finished the business at the above restaurant, and then got the victim with his own will.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. Indecent act by compulsion on April 9, 2020

Around 14:00 on April 14, 2020, the Defendant, after completing occupation in the above restaurant, told the victim to go out of the restaurant, and tried to have the victim go out of the restaurant. Accordingly, the Defendant forced the victim to commit an indecent act.

C. Indecent acts by compulsion on April 16, 2020

On April 16, 2020, the Defendant sent the Kakakao Stockholm message to the victim that “I would like to add a set” at the above restaurant, and the victim suggested that I would drink with the victim while I would drink with the above restaurant.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Indecent acts by compulsion against victims E;

A. Indecent act by compulsion on April 21, 2020

On April 21, 2020, the Defendant: (a) around 12:00 on April 21, 2020, the Defendant: (b) reported that the victim was seated in the above restaurant; (c) opened the knee of the victim; (d) opened the knee of the victim; (d) opened the victim’s body; (e) opened the victim’s knee on his knee; and (e) opened the victim’s kne; and (e) opened the victim’s kne part

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. Indecent act by compulsion on April 22, 2020

Around 20:00 on April 22, 2020, the Defendant suggested that the victim would not be a guest in the above restaurant, and suggested that the victim would drink together, and had the victim knee knee knee knee knee kne knee knee knee knee knee knee knee knee knee kne kne. Accordingly, the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each complaint letter, investigative report (Additional statement hearing by telephone conversations between the victim), employment contract, 112 report/handling table, investigation report (Analysis of the contents of voice file dialogue), voice recording, CD-related photograph, and picture file file recording;

Application of Statutes

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. 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 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities

The reason for sentencing shall be determined as per the text, taking into consideration all the circumstances, such as the defendant's age, environment, character and conduct (no person before the commission of the crime), the circumstances of the crime (the situation before the commission of the crime, the situation at the time of the commission of the crime), the means and result of the crime (the fact that two victims who are part of the restaurant operator are engaged in indecent act several times, the degree of indecent act is very heavy), and the circumstances after the commission of the crime, etc.

[Sentencing Criteria]

- Many Crimes

- Each indecent act by compulsion: sex crime group, general standards, crime of indecent act by compulsion (subject to the age of 13 or more), type 1 (Indecent act by compulsion by day), penalty surcharge, etc.

Where a conviction on the crime of this case becomes final and conclusive against a defendant who shall file for the registration of personal information and the submission of personal information, 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 head

Exemption from Information Disclosure Order or Notice Order

In light of the Defendant’s age, criminal records, family relations, the course and process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the instant crime, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).