(영문) 서울중앙지방법원 2018.8.31. 선고 2018고합452 판결

Defendant shall be punished by a fine of KRW 5,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

The defendant shall be ordered to complete the sexual assault treatment program for 24 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

On May 26, 2017, around 20:43, the Defendant discovered the victim H (16 years of age, n) who was frightening at the top of the Seoul Gangnam-gu Seoul, while driving a G G G chip car, opened a vehicle steering window, changed the victim's phone number, and requested the victim for the number of music. On the other hand, the Defendant refused the Defendant's continued demand, and the victim responded to the Defendant's hand by hand, and the Defendant was frightening the victim's hand, and the Defendant was frighted to the victim's hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on internal investigation (the verification of CCTV at the site of occurrence and control centers, CCTV control centers, CDs), and internal investigation reports (the internal investigation for specifying the number of vehicles);

1. A table 112 of the 112 Reporting Case Handling 1. Application of 20 copies of the field photographs around the case, and the Acts and subordinate statutes to capture photographs;

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. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

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;

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 degree of indecent act committed in the instant case is not relatively more severe, and the sentence of a fine to the Defendant, the registration of personal information, and the order to complete a sexual assault treatment program alone appears to have the effect of preventing recidivism to a certain extent. In full view of the Defendant’s age, environment, family relationship, motive for committing the crime, anticipated side effects and anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant’s personal information shall not be ordered to disclose or notify the Defendant’s personal information, and thus, the Defendant

1. Exemption from an employment restriction order;

The proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the degree of indecent act committed in this case is not relatively more severe, and only the sentence of a fine to the defendant, the registration of personal information, and the order to complete a sexual assault treatment program may have the effect of preventing recidivism to a certain extent. In addition, considering the defendant’s age, environment, family relationship, motive of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the employment restriction order, the prevention of sexual assault crimes that can be achieved thereby, and the effect of protecting the victim, it is determined that there is a special circumstance that the defendant should not be restricted from employment against the child or juvenile-related institution, etc., and

1. Reasons for sentencing: The scope of sentencing by law: a fine of 5,00,000 to a fine of 15,000,000 to a fine of 15,000: a fine of Sentencing: a fine of Sentencing; the sentencing criteria is not applicable. 3. Determination of sentencing on March 3.

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○○ Unfavorable Circumstances: The instant crime committed an indecent act against a juvenile who committed an indecent act in line with the hand of the victim who returned home with his uniform at night. In light of the purpose and method of the crime, and the victim’s age, etc., the criminal liability is not somewhat weak. Furthermore, even though the Defendant was punished by a fine on several occasions, including the fact that he was punished due to the crime of indecent act by force in 2008, the Defendant recommitting the crime. ○ favorable circumstances: the Defendant was erroneous, and the degree of indecent act in the instant crime is relatively excessive. The victim does not want the punishment of the Defendant by agreement with the Defendant.

Registration and submission of personal information

Where a 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 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