(영문) 수원지방법원 성남지원 2020.2.13. 선고 2019고합137 판결

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

Seized evidence No. 1 shall be confiscated.

Reasons

Criminal facts

1. Crimes committed on April 25, 2019;

(a) Rape;

Around 01:00 on April 25, 2019, the Defendant was living together with the Defendant’s house located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu with the Victim C (Gain name, 32 years of age) for female-friendly job offers. The Defendant asked the Victim’s cell phone for whether the phone from the Defendant’s male employer’s pay to the Victim’s victim’s victim’s 's victim’s 's 'Apson’s 'Apson’

While the Defendant was in a dispute, he was able to say that he was "Ara in his house," and was able to get off his clothes in order to move out of the house, was forced to scam the victim, placed on the bed, and scam the victim's body once with his hand, made the victim's kne and knee with the victim's body kne and knee with the victim's kne, so he was scam the victim's scam.

The defendant continued to take the face of the victim over by hand, forced the victim to enter the victim's sexual organ rapidly, and rapes by inserting the victim's sexual organ into the victim's sexual organ into the victim's sexual organ.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

During the crime committed above, the Defendant taken screen pictures of the victim’s name, where the Defendant was quickly using the Defendant’s smartphone, and the Defendant’s sexual organ inserted the Defendant’s sexual organ into the victim’s sexual organ in the victim’s sexual organ.

On April 25, 2019, the Defendant made a phone call to the victim's company on April 25, 2019, and made the victim perform an act without any obligation by recording the contents of conversation about why the phone was made, recording the contents about why the phone was made to be friendly with the workplace rent, making the contents about how the phone was friendly with the workplace rent, and threatening the victim to "I would spread the relationship with the workplace rent to the company if you do not do so," and by threatening the victim to "I would spread the relationship with the workplace rent to the company."

(d) Injury resulting from rape;

At around 23:00 on April 25, 2019, the Defendant, while engaging in a dispute with the victim at the Defendant’s home, was raped by the victim in such a way as: (a) the victim tried to go in his house; (b) the victim’s head debt was kneeped into the room; (c) forcedly exempted the victim’s clothes; (d) inserting the victim’s sexual organ on his/her body into the victim’s sexual organ; and (e) putting the victim’s sexual organ on his/her body into the victim’s sexual organ; and (e) putting the victim into the victim’s sexual organ against whom he/she seeks to sporad against the Defendant; and (e) allowing the victim

As above, the Defendant, by rapeing the victim, suffered from an incurable injury in the number of days of medical treatment, such as breaking the victim’s left side laps.

(e) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers and photographs);

While committing the above crimes, the Defendant taken videos, such as the body parts of the victim, such as the chest and salute, which are the body parts of the victim, and the form of the victim whose sexual organ is as soon as the Defendant’s sexual organ, by inserting the Defendant’s sexual organ into the victim’s sexual organ, such as the face of the sexual intercourse.

(f) Confinement; and

The Defendant continued to take advantage of the victim, took the victim's cell phone, taken the victim's cell phone, taken the victim in the toilet, and sent contact information of the victim's employees to the Defendant's cell phone, and detained the victim by preventing the victim from leaving his residence for about 12 hours, by threatening the victim to "if he does not act in a bad manner, he will contact the people of the company."

2. Crimes committed on April 26, 2019;

(a) Rape;

On April 26, 2019, at around 04:30 on April 26, 2019, the Defendant inserted the Defendant’s sexual organ into the victim’s sexual organ, in which the Defendant was fluent and fluent by assault of the Defendant.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

While committing the above crimes, the Defendant took one-time screen image of the Defendant’s sexual organ inserted the Defendant’s sexual organ into the victim’s sexual organ and inserted the Defendant’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (a visual recording for the use of a camera, etc.), a criminal investigation report (a video recording for the use of a camera, etc.), a criminal investigation report, and a criminal investigation report (receiving a response to a request for appraisal);

1. A medical certificate;

1. Documents prepared by the victim due to the forced damage to this case;

Application of Statutes

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

Article 297 of the Criminal Act, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc., the choice of imprisonment), Article 324(1) of the Criminal Act, Articles 301 and 297 of the Criminal Act, Article 276(1) of the Criminal Act, Article 276(1) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

1. Aggravation of concurrent crimes;

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

1. Reduction of a small amount;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures or order to provide community service;

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

1. An employment restriction order;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons

1. Exemption from an order to disclose or notify information;

In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) 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; (c) it is difficult to readily conclude that there exists a criminal tendency against an unspecified number of victims solely with the instant crime; (d) the Defendant may expect the effect of preventing recidivism of a sexual crime by imposing an order to attend a course and an obligation to register personal information on the sole basis of the instant crime; and (e) the Defendant’s age, occupation, and family environment; (e) the background leading up to the instant crime; (e) the disclosure and notification order; (e) any disadvantage and anticipated side effect that the Defendant suffers

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

- The Defendant raped the victim three times during the process of dispute with the victim who was under the teaching system, and during that process, the victim suffered from the high-frequency fever. Furthermore, the Defendant, despite the detention of the victim, failed to observe the rape process. In light of the background leading up to the crime, frequency of the crime, and the relationship with the victim, the nature of the crime is not very good.

- The victim suffered a big mental or physical pain due to the instant crime, and it is not easy to recover from the psychological shock in that it was committed by the Defendant who has been satisfying for a long time.

- provided, however, that the defendant is in profoundly against the crime;

- The victim also submitted a written agreement that he does not want to receive compensation from the defendant and punish the defendant to an investigative agency.

- The defendant's initial charge

Registration of Personal Information

Where a conviction of a person subject to registration becomes final and conclusive for the crime of rape, injury resulting from rape, and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amera, etc.) in relation to a sex offense subject to registration, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the same Act, and the accused is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act. Considering the statutory penalty, nature of the crime, and circumstances of the remaining crimes concurrent with the above crimes subject to registration, it is deemed unreasonable to determine the period of registration of personal information based on the whole sentence sentenced pursuant to Article 45(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the period of

Judges

The presiding judge, the highest judge;

Judge Choi Choi-hoon

For the purpose of judge well-being

Note tin

1) The prosecutor charged the Defendant with photographing a motion picture on five occasions, but he taken a single rape and created a number of video files, and thus deemed to have taken one time. The same shall apply to the crimes described in paragraph (e) of Article 1-5.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제45조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제47조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제49조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제49조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제50조 제1항

-장애인복지법

-장애인복지법 제59조의3 제1항

-청소년의 성보호에 관한 법률 제56조 제1항