(영문) 대전지방법원 천안지원 2020.2.12.선고 2019고합213 판결

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

Reasons

criminal history I. 2019 Highis213;

At around 01:30 on August 8, 2019, the Defendant discovered the victim D (the name, the 16-year age), who was diving at the front bus stop located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Dong-gu, Seoul, and carried the victim to the headline of the vehicle that the Defendant drives, by making soup so that the victim can be broken up, and then moved to the headline of the vehicle in the south-gu, Dong-gu, Dong-gu, the defendant moved to the headline of the vehicle that the defendant drives, and then the victim " will pay money to the victim?" The victim refused to do so, and the victim committed an indecent act against the juvenile, by making the victim's left chest the victim's hand.

I. 2019Gohap246

1. Kidnapping;

On August 22, 2019, around 22, 22:16, in the vicinity of the F Station located in the East-gu, Chungcheongnam-gu, the Defendant: (a) reported the appearance of the victim G (inn, 57 years old) who was under the influence of alcohol and was used on the floor, and met with the homeless H; and (b) caused the sexual intercourse with the victim, H meta to “the inside of this woman is the husband of this woman”; (c) laid off the victim into the victim, she laid the victim into the vehicle with the victim’s seat; and (d) carried the victim into the Jel K located in the Gangnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si; and (e) kidnapped the victim on the same day.

2. Quasi-rape;

On August 22, 2019, at around 23:22, the Defendant had sexual intercourse with the victim by inserting the victim’s clothes, i.e., Jmoel K located in the Yannam-gu, Chungcheongnam-si, Chungcheongnam-si, and by inserting the victim’s chests immediately and inserting the victim’s chest into the body of the victim, taking advantage of the victim’s mental condition of being drunk and failing to resist.

Summary of Evidence

2019Gohap2134

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (abboxes, video images, and parking video images front of E, in which a suspect runs the F Station and bus terminal);

1. Images recorded in black boxes and video CDs;

2019Gohap246

1. Defendant's legal statement;

1. The police statement concerning G;

1. Requests for each appraisal;

1. A list of seizure records (32 pages of investigation records) and a list of seizure (33 pages of investigation records);

1. On-site CCTV photographs;

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

With respect to the crime of Paragraph 1 of the holding, the defendant was born to his own vehicle and did not commit an indecent act against the victim, as stated in its holding, in order to take soup to the soup, the victim who is satisf in the street at night.

2. Determination

The following circumstances acknowledged by evidence: ① The victim has consistently made statements that correspond to the main contents of the damage from the investigative agency to the court; the victim's statement is very concrete; considering the victim's appearance and attitude that he/she gives in this court, the victim's statement can sufficiently reliable; ② The defendant's vehicle boom image is found from August 7, 2019 to August 22: 30, 2019 to 02:00, the fact that the defendant operated the vehicle and sent the bus terminal several times, and the victim did not have any awareness at night, and the victim was found to have been aware that he/she was sexually aware of his/her sexual intercourse with the victim at the time of his/her request from the police station without any awareness of the fact that the victim was sexually aware that he/she was sexually aware of the fact that the victim was sexually aware of the fact that he/she had been sexually aware of the fact that he/she had been sexually aware of the fact that he/she had been sexually aware of the fact that he/she was sexually aware of the victim.

Application of Statutes

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

○ Indecent act by compulsion by juveniles: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; the choice of imprisonment

The point of abduction of sexual intercourse: the point of quasi-rape under Article 288(1) of the Criminal Act: Articles 299 and 297 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a person who commits concurrent crimes with the punishment heavier than that prescribed by the crime of quasi-rape)

1. Order to complete programs;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 21(2) of the Act on the Protection of Children

1. Exemption from an order for disclosure and notification;

Article 47(1) and Article 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 the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for a sexual crime, and the registration of personal information and the completion of a sexual assault treatment program, along with a sentence of a considerable period of time, are likely to have an effect to prevent recidivism to a certain extent. In addition, in full view of various circumstances, such as the defendant's age, family environment, the background of the crime of indecent act by compulsion by juveniles and quasi-rape, the developments leading up to the crime of indecent act by juveniles in this case and quasi-rape, expected side effects from disclosure or notification order, profits expected therefrom, and effects

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. Reasons for sentencing: Imprisonment with prison labor for up to 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Quasi-rape;

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape)

【Special Convicted Person】

[Determination of the recommended territory, Scope of Recommendation] Basic Field, 2 years to 5 years of imprisonment

(b) The first concurrent crime: the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Type] The crime of indecent act by force (subject to the age of 13 or more) on the grounds of the general standard on sexual crime, the second type of the crime of indecent act by force (a indecent act by force or by force, such as by force or by force or by force

* Since it is a juvenile indecent act by compulsion, it is included in the category 2, but the upper and lower limit of sentence range shall be reduced to 2/3.

【Special Convicted Person】

[Determination of the recommended territory, Scope of Recommendation] Basic Field, Imprisonment with prison labor from August to April 3

[Determination of Punishment] If the crime of kidnapping and inducing human trafficking (including concealment and delivery of transportation to a foreign country) is committed, there shall be no type 2 (Indecent Act, Interception, Marriage, Kidnapping and Indecent Act for Profit-making Purposes).

[Determination, Scope of Recommendation] Basic Field, Imprisonment with prison labor for one year to three years

(d) Application of standards for handling multiple crimes: Two years and six years and seven years and eight (five years and five years) respectively; 1/2 (1/2 (1 August and eight years) of the upper limit of the scope of sentence for the highest crime among concurrent crimes, and 1/3 (1 year) of the upper limit of the scope of sentence for the highest crime); and

3. Determination of sentence: Imprisonment and three years and six months; and

The Defendant: (a) committed sexual intercourse with the victim D, who was a juvenile, committed an indecent act on his own vehicle, committed an indecent act on his chest in the vehicle; (b) committed sexual intercourse with the victim G, who was unable to resist for the purpose of having sexual intercourse; and (c) committed the instant crime. All of the instant crimes were committed by the Defendant on purpose by driving the vehicle at night, and intentionally approaching the minor or a woman who is the state of exploitation; and (d) the Defendant committed the instant crime of abduction and quasi-rape even while being investigated into the instant crime of indecent act by compulsion. The victims seem to have suffered considerable sexual impulse and mental impulse due to the instant crime, and both are punished by the Defendant.

On the other hand, the defendant partially recognizes his mistake. The defendant has no record of being subject to criminal punishment or a fine heavier than that of a fine for the same crime prior to the instant case.

In addition to these circumstances, the sentence shall be determined as ordered in consideration of the sentencing factors shown in the trial, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

Where a conviction becomes final and conclusive as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and quasi-rape on the judgment that is a sex offense subject to the registration of personal information, the Defendant constitutes 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 thus, is obliged to submit personal information

In accordance with Article 38 of the Criminal Act, the term of registration of personal information should not be shortened, on the ground that the term of registration of personal information should be determined on the basis of the entire sentence, in full view of the punishment of each of the crimes, the nature of the crimes, severity of the crimes, etc.