beta
(영문) 전주지방법원 2015.10.28 2015고단811

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 3. 26. 01:30경 전주시 덕진구 C에 있는 D병원 1층 로비에서 의자에 앉아 휴대폰 검색을 하고 있던 피해자 E(여, 18세)에게 다가가 피해자의 오른쪽 옆에 앉으며 “모텔가자, 사랑 나누자, 스무 살이면 연애할 나이 됐겄고만. 남자 옆에 오면 짜릿짜릿 땡겨오지 깜깜한디 가끄나 ”라고 말하면서 갑자기 손으로 피해자의 오른쪽 허벅지 부위부터 엉덩이 부위까지 옷 위로 쓸어 올리듯이 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Each internal investigation report and investigation report and accompanying documents;

1. Application of statutes on the photograph of the case

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts in the judgment that constitute a sex offense subject to the registration of personal information, 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 competent agency

1. In light of the Defendant’s age, occupation, risk of repeating a crime, motive of the instant crime, method, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the Defendant’s entry, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

The reason for sentencing [the range of recommendations] the general standard of indecent act by compulsion (the target of 13 years of age or over).