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(영문) 제주지방법원 2012.12.13 2012고합234

강제추행치상

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Criminal facts

On June 9, 2012, around 22:25, the Defendant forced the victim to commit an indecent act by finding out the victim E (n, 24 years of age) who was traveling a D white string vehicle in front of Seopopo City, and by causing a sudden desire to take care of the driver’s window, and forced the victim to commit an indecent act by driving the driver’s right chest, and thereby, caused the victim to suffer a loss of the kitchen, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Complaints of E preparation;

1. Application of the Acts and subordinate statutes to each investigation report (to attachCCTV photographs and to attach a diagnosis document, and to the suspect moving wire);

1. Article 301 of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The legislative intent of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification Orders is not only to prevent sex crimes against adults, but also to prevent recidivism of sex crimes against adults. Thus, whether the case constitutes “where it is deemed that there is any special circumstance not to disclose personal information” provided for in the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification Orders is the defendant’s age, occupation, risk of recidivism, etc., character of the offender, such as the type, motive, consequence, seriousness of the crime, etc., characteristics of the disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury caused by the order to disclose or notify, and the sex crime subject to registration that can be achieved by such order.