(영문) 서울중앙지방법원 2017.7.6. 선고 2017고합528 판결

On April 6, 2017, at around 02:40, the Defendant: (a) operated a singing sound system in the form of a victim D (at least 33 years of age) and a music while drinking alcohol, and made the victim play music, and (b) took part in the victim’s hand, divided the victim’s hand into two parts and forced the victim to leave the door, and then put the victim’s hand over the hands.

Accordingly, the defendant included a part of the body such as fingers in the victim's sexual organ by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

Application of Statutes

1. Article applicable to criminal facts;

Article 297-2 of the Criminal Act

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 history of the same kind to the defendant, the registration of personal information of the defendant and the attending order of the defendant can expect to a certain extent to prevent recidivism, and the defendant's age, family environment, social relationship, etc. as shown in the argument of this case are significant adverse effects and anticipated side effects of disclosure and notification orders on the part of the defendant, which can be achieved by such order, on the other hand, are relatively less likely to be achieved, and there are special circumstances where the defendant should not disclose or notify personal information of the defendant)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to at least 13 years of age), Type 1 (General Rape)

【Special Convicted Persons】 Members not subject to punishment

[Scope of Recommendation] One year to two years (Basic Area)

* Since adult similar rape, the upper limit and lower limit of sentence shall be reduced to 2/3.

3. Determination of sentence;

The crime of this case is an unfavorable circumstance to the defendant, such as: (a) the defendant forced the victim who caused entertainment at a place where he was in need of entertainment to leave the place where he was forced to do so; and (b) the crime of this case was committed by inserting fingers into a part of the drinking, and then the crime was bad; and (c) the victim seems to have caused considerable physical and mental pain and sexual humiliation.

However, the circumstances favorable to the defendant include the fact that the defendant led to the crime of this case and is against the defendant, that the defendant has no record of being punished for the same crime or of being sentenced to suspended execution or above, that the defendant appears to have committed the crime of this case by drinking, and that the defendant is not subject to the punishment of the defendant by agreement with the victim, etc.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, etc. shall be determined as ordered in consideration of various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be 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 shall be obligated to submit personal information to the competent agency pursuant to Article 43

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