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(영문) 제주지방법원 2015.04.30 2015고단36

준강제추행

Text

A defendant shall be punished by imprisonment for 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

On February 2, 2014, the Defendant discovered that the victim D (the 35 years of age) who is an employee of the spouse who was in a de facto marital relationship with the Defendant and C was living together with the Defendant’s family in the Defendant’s residence at the time, and led the victim to an indecent act by creating sexual desire for the victim.

Therefore, the defendant committed indecent acts against the victim by taking care of the victim's chest part as his hand, because the victim was a small room where the victim was locked.

Summary of Evidence

1. Defendant's legal statement;

1. Second police statement concerning D;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Articles and 299 and 298 of the Criminal Act concerning criminal facts and the choice of punishment: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to complete a program: The basic area of general indecent act by compulsion on the grounds of sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The defendant shall be a person subject to registration of personal information prescribed in Article 42 (1) 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 pursuant to Article 43 of the aforesaid Act, if this judgment becomes

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.