(영문) 서울중앙지방법원 2018.10.5. 선고 2018고합732 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend the sexual assault treatment lecture 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

1. Inducement of indecent conduct;

The Defendant, at C of the Victim B (EW, 18) who is a juvenile, had the mind that the Defendant committed an indecent act by inducing the victim by reporting the victim’s photograph and inducing the victim, and the Defendant was a broker that helps the victim to work on the model or broadcast side through C Messen, and contact with the victim with the Messen because the Messen is good. On October 31, 2017, the Defendant 23:00, the Defendant met the victim at the 1st page of the New Forest Station located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and 30,000 won per hour.” The Defendant got the victim into the Essen located in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant inducedd the victim for the purpose of indecent act.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 01:00 on November 1, 2017, the Defendant induced the victim, who is a child or juvenile, as indicated in the above 1.1., and “B is often connected to the planning company or entertainment company. To do a model or boat, we need to see: she has to see: she has the ability to postpone and her body; however, she is found to be so small that she can show more importance.” While she means that she can show her body, her body, she talks with her arms and chest, goes off her clothes, requests the victim to leave her clothes, and made the victim go off her clothes, and the victim do indecent act, such as having the victim go off her body, and her her body was frightened and her body was frighted, and then the victim committed an indecent act, such as having the victim do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement;

1. C Mesenthic photo, C dialogic photo, C gramgrams;

1. Investigation report (verification of details, etc. of damage inflicted by a victim);

Application of Statutes

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

Article 288(1) of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the occupation of indecent acts and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part) and 38 (1) 2 of the Criminal Act (within the scope of the sum of the long-term punishments of each offense as stated in the judgment on the punishment as prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with heavier punishment)

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

1. Exemption from an order for disclosure and notification;

In full view of 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 (the fact that there is no criminal record in the same kind and thus it is difficult to readily conclude that the defendant is in danger of sexual assault, and the defendant's personal information registration and lecture attendance order alone appears to have a certain degree of effect to prevent recidivism. In addition, considering all the circumstances such as the side effects and anticipated side effects that the defendant may suffer from disadvantage due to an order to disclose or notify, and the age, occupation, family environment, social relationship, motive, means, and consequence of the crime in this case, there is a special circumstance that the defendant's personal information shall not be disclosed or notified

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. The grounds for sentencing: Imprisonment with prison labor for a period from one year to 20 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Type] Crimes of Indecent Act by Compulsion (subject to 13 years of age or older) on the General Standards for Sexual Crimes

[Special Sentencings] Reductions: Non-Punishments

[Recommendation and Scope of Recommendation] Reduction Field, Imprisonment from 1 year to 2 years (in cases of indecent act by juveniles, it is included in Type 2, and reduction of imprisonment from 6 months to 2/3 years, which is the upper limit and lower limit of the scope of sentence)

(b) Crimes of indecent conduct and inducement;

[Determination of Punishment] Type 2 (In the event of indecent act, adultery, Marriage, Kidnapping for Profit and Human traffic)

[Special Sentencings] Reductions: Non-Punishments

[Recommendation and Scope of Recommendations] Reduction Area, 8 to 2 years of imprisonment. The scope of recommendations according to the standards for handling multiple crimes

One to three years of imprisonment (two years of imprisonment with prison labor which is the upper limit of the scope of punishment for basic crimes plus one year of imprisonment with prison labor which is 1/2 of the upper limit of the scope of punishment for concurrent crimes)

3. Each of the instant crimes committed by the sentence decision is not good for the criminal defendant to have committed an indecent act against the victim who is a child or juvenile. It is not good for the criminal defendant to have committed an indecent act by force, such as the victim’s ear, and the knife and knife by using the victim’s ear. The victim appears to have suffered a considerable physical and mental pain due to each of the instant crimes. Such circumstances are disadvantageous to the defendant.

However, there is no record of criminal punishment against the defendant for a punishment exceeding a fine or for a crime of the same kind. The defendant has committed his/her crime late later and reflects it, and the victim does not want the punishment of the defendant by mutual consent with the victim. Such circumstances are considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive, means and method of committing the crime, and the scope of recommended punishment according to the sentencing guidelines.

Registration of Personal Information

In a case where a conviction against each crime in the judgment becomes final and conclusive, 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 Article 43 of the same Act. The period of registration of personal information of the defendant is 15 years in accordance with Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the severity of a sex crime which causes the registration of personal information, the degree of the possibility of criticism and the circumstances of concurrent crimes, etc. are considered as inappropriate. Thus, the period of registration of personal information is not reduced

It is so decided as per Disposition for the above reasons.