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(영문) 제주지방법원 2017.05.18 2016고단2810

강제추행

Text

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

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

Reasons

Punishment of the crime

On November 7, 2016, at around 23:11, the Defendant committed an indecent act by force against the victim, such as: (a) the victim’s left chests, when she saw the victim to her back while playing singing together with the victim D (n, 34 years of age) on the 2nd floor of the C Singing practice site in Western B building, at around 23:11, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts in the judgment that constitute a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article

In light of the Defendant’s age, occupation, family environment, social relationship, the risk of repeating a crime, the details of the crime, the process of the crime, seriousness of the crime, the effectiveness of preventing sexual assault that may be achieved through the disclosure disclosure order, the disadvantage of the Defendant, etc., as a whole, the disclosure of personal information 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be disclosed.

I seem to appear.

Therefore, it is not ordered to disclose or notify the personal information registered with the defendant.

The reason for sentencing [the scope of the recommended sentence]