(영문) 서울서부지방법원 2020.10.28.선고 2020고정884 판결

Defendant shall be punished by a fine of KRW 3,000,000. 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.

To order the defendant to complete a sexual assault treatment program for 40 hours.

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

Reasons

Criminal facts

At around 23:10 on December 2, 2019, the Defendant committed an indecent act by the victim D (the victim, who is an employee of the said main hotel in Yongsan-gu Seoul Metropolitan Government) with his hand, who is under the order of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

Application of Statutes

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

Article 298 of the Criminal Code, Selection of Fines

1. Invitation of a workhouse;

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

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

1. Order of provisional payment;

The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the defendant's age, character and conduct, and environment.

○ Unfavorable Normals: The Defendant committed an indecent act against the victim, who is the principal employee. In light of the father and degree of indecent act, the nature of the offense is not somewhat weak.

The favorable circumstances of ○ : The defendant shows an attitude against the defendant in the confession of the crime. There is no criminal record of the same kind of criminal punishment against the defendant.

If a conviction on a crime of indecent act by compulsion in the judgment that is a sex offense subject to registration and obligation to submit personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under 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 head

Disclosure Order and Notice Order and Exemption from Employment Restriction Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime records, disclosure order, notification order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects to be achieved, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant shall not be sentenced to the disclosure order, notification order and employment restriction order pursuant to 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.