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(영문) 제주지방법원 2014.02.12 2013고단1730

강제추행

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

At around 22:00 on September 23, 2013, the Defendant sought to detect a mixed victim who sits in his sofa, while drinking alcohol at the Fju point of the operation of the victim E (the age of 53) in Jeju Island, and to have the victim fit himself. However, the Defendant refused it, upon the victim’s refusal, tried to put his hand into the victim’s clothes and use the victim’s body. On the same day, at around 2:30 on the same day, the Defendant recommended the victim to drink the same alcohol, but the victim refused it, she was placed on the victim’s chest and bridge, she was fleeped on the part of the victim’s body, and she was danced with the victim, and she was collected into the victim’s body.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Determination of imprisonment with prison labor by taking into account the degree of indecent act committed by the instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the degree of sexual assault committed by the instant crime, and the sexual humiliation of the victim: Provided, That the punishment shall be determined as ordered by taking into account the following factors: (a) the accused confessions all of the instant cases and reflects depth; (b) the accused has no criminal record; (c) the accused has agreed to have only the victim; (d) the most supported the wife and his/her child

Where this judgment becomes final and conclusive, the accused 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 head of the competent police office pursuant to Article 43 of the same

The order of disclosure and notification of registered information in relation to whether or not to issue an order of disclosure or notification of registered information may have significant influence on the defendant.