(영문) 서울중앙지방법원 2018.11.21. 선고 2018고합877 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 sexual assault treatment lectures for 40 hours.

Reasons

Punishment of the crime

The defendant was aware of the victim D(n, 23 years of age) and a college student group related to the development of program.

At around 02:00 on May 21, 2018, the Defendant completed seminars, and took the drunked victim into the residence of the victim in Gwangjin-gu Seoul Special Metropolitan City E, and was exempted from all the clothes of the victim who was accumulated on the floor because he was unable to properly hold his body, and added the victim's chest and the chest to the sound part of the victim.

Accordingly, the Defendant committed a similar rape by taking advantage of the victim’s failure to resist.

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the F dialogue;

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297-2 of the Act

1. Mitigation of self-denunciation;

Articles 52(1) and 55(1)3 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. Exemption from an order for disclosure and notification;

In full view of Articles 47(1) and 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 (a) is difficult to readily conclude that there is a criminal tendency against an unspecified number of victims solely on the ground that the Defendant’s personal information is registered and the instant crime is committed against an unspecified number of victims. Moreover, it appears that the Defendant’s age, family relationship, social relationship, the expected preventive effect of an order to disclose or notify the Defendant’s personal information during the pleading of the instant case, as well as the adverse effect and side effect therefrom, it is reasonable to deem that there are special circumstances in which the disclosure or notification of the Defendant’s personal information should not be made).

1. Exemption from an employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16, Jan. 16, 2018); Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is not an offense against an unspecified victim and it is difficult to readily conclude that the Defendant has the risk of re-offending of a sexual crime because of the absence of the same criminal record; the Defendant’s personal information registration against the Defendant and attending a sexual assault treatment course alone appears to have the effect of preventing re-offending; and the Defendant’s age, occupation, family relationship, etc. are comprehensively considered in light of various circumstances such as the Defendant’s age, occupation, and family relationship, etc., the Defendant

1. The grounds for sentencing: Imprisonment with prison labor for not less than six months nor more than seven years and six months;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Types 1 (Quasi-Rape: Reduction of 2/3 of the upper limit and lower limit of the range of punishment) to the general criteria for rape (subject to at least 13 years of age)

[Special Convicted Persons] Reduction element: A person who is not punished, a person who voluntarily surrenders;

[Scope of Recommendation] Imprisonment from six months to two years (Special Mitigation Area)

3. Determination of sentence;

After the seminars were completed, the Defendant took a house with the breathly drunkd victim, and did not properly over his body, thereby committing similar rape against the victim who dumped on the floor. In light of the content of the crime, and the relationship between the Defendant and the victim, the Defendant’s liability is not easy. The victim appears to have suffered a large sexual inequality and mental pain due to the instant case.

However, since the Defendant voluntarily surrendered at an investigative agency, the instant crime has been recognized and his mistake has been divided in depth. The Defendant is a primary offender who had no record of criminal punishment prior to the instant criminal punishment. The Defendant voluntarily received education for the prevention of sexual assault at a sexual assault counseling center for 48 hours. The Defendant’s will have the Defendant’s wife. The Defendant paid the amount agreed upon to the victim and expressed his/her intent that the victim does not want the Defendant’s punishment.

In comprehensive consideration of the above circumstances, the defendant's age, character and conduct, intelligence, environment, circumstances before and after the crime, and all the sentencing conditions shown in the trial process, the punishment as ordered in the sentencing guidelines shall be determined within the scope of the sentencing guidelines.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information in accordance with 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 agency in accordance with