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(영문) 제주지방법원 2013.06.26 2013고단481

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a private taxi driver.

Around February 23:45, 2013, the Defendant driven the above taxi, and went through the road in front of the F in Western City E (the age of 27). A victim G (the age of 27) was able to act as a customer. The victim who met the destination “H,” and told the destination “H to commit an indecent act against the victim.” The Defendant committed an indecent act against the victim in a state where he was unable to resist due to the alcohol, by driving the taxi near the I road located at H at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P., the Defendant committed an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each law of police statement to G and J

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Where a judgment becomes final and conclusive on this case to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be a person subject to registration of personal information pursuant to Articles 42 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of the competent police office

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so decided as per Disposition for the above reasons.

The reason for sentencing [the decision of the type] the general standard of indecent act by compulsion (the target at the age of 13) and the general standard of indecent act by compulsion (the special person) - Where the exercise of force is considerably weak, the element of mitigation - the victim (the decision of the recommended area) who is vulnerable to the crime.