(영문) 인천지방법원 2020.9.10.선고 2020고합405 판결

The defendant shall order employment restrictions to institutions related to children and juveniles, etc., welfare facilities for persons with disabilities, and children-related institutions for three years.

Reasons

Criminal facts

The Defendant is a person who operates the party hall in the name of the Bupyeong-gu Incheon Metropolitan City Party B through 00 party hall, and the victim C (hereinafter referred to as "victim C") was working at the above party hall in the above party hall. The Defendant is going to leave the victim who completed part-time work at around 01:00 on September 16, 2019. The Defendant forced the victim to commit an indecent act against the child and the juvenile by forcing the victim to commit an indecent act against the child and the juvenile. In addition, the Defendant left the above vehicle in the Gyeyang-gu Incheon Metropolitan City E-building parking lot, which was moved to the Defendant’s ownership, while moving to the Damsan-gu, Incheon Metropolitan City Party, which was moving to the Damsan-gu, Incheon, to 100 party hall, and the victim who was seated at the early stage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A report on the occurrence of a crime, each report on the occurrence of a crime (the statement and materials submitted by a victim, CCTV in the field, and on-site inspection);

1. Photographs of Defendant’s vehicle;

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 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 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. 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 (amended by Act No. 1622, Nov. 26, 2019); and the circumstance leading up to the instant crime, etc., it is difficult to readily conclude that the Defendant has a risk of recidivism of a sexual crime against the Defendant in light of the following: (a) the suspension of execution of imprisonment with labor against the Defendant; (b) registration of personal information; (c) taking courses for treating sexual assault and employment restrictions; and (d) the Defendant’s age, character and conduct; (d) method and consequence of the instant disclosure or notification; (e) the degree and anticipated side effects of the disadvantage the Defendant was admitted due to the instant disclosure or notification; and (e) the disclosure or notification of the Defendant’s personal information may not be disclosed or notified in full view of various circumstances, such as the prevention of sexual crimes that may be achieved by such order; and (e) the effect of protecting the victim).

1. Registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, 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); Article 59-3(1) main text of the Welfare of Disabled Persons Act; Article 29-3(1) main text of the Child Welfare Act;

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information prescribed in 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

1. Reasons for sentencing: Imprisonment with prison labor for one year to 15 years;

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

[Determination of Punishment] The general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) on sexual crimes (type 2) by blood relatives, indecent act by indecent act such as residential intrusion/special indecent act by compulsion.

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation and Scope of Recommendation] Reduction Field, Imprisonment from one year to two years [In the case of indecent act by juveniles, it shall be included in the two types, and the upper and lower limit of the scope of sentence shall be reduced to 2/3];

3. The instant crime committed by the sentence decision is a case in which the Defendant committed an indecent act against the victim who was part-time in the party room in which the Defendant was operated by the Defendant, and the crime is considerably bad in light of the circumstances and contents of the crime, and the victim, who is only 17 years old, appears to have received a considerable mental impulse, is considered to be disadvantageous to the Defendant.

On the other hand, it appears that the defendant recognized the crime of this case, paid 15 million won to the victim and agreed that the victim does not want the punishment against the defendant, and considering the defendant's primary offender's favorable circumstances in favor of the defendant, and taking into account the defendant's age, character and behavior, environment, circumstances before and after the crime, records and arguments, the punishment as ordered shall be determined.