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(영문) 제주지방법원 2017.01.12 2016고단1529
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

피고인은 2016. 1. 21. 05:05 경 제주시 C에 있는 피해자 D( 가명, 여, 16세) 의 주거지에 시정되어 있지 않은 베란다 창문을 통해 들어가 피해자가 혼자 잠을 자고 있는 작은 방의 문을 열고 잠을 자고 있던 피해자 옆에 다가가 인기척 소리에 잠에서 깬 피해자에게 ‘ 쉿’ 이라고 말하며 갑자기 피해자의 이불 속으로 손을 집어넣어 피해자의 가슴을 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness D and some legal statement of the witness E;

1. Statement made by the police with regard to F;

1. A report on internal investigation - Food and photographs and related photographs (the 60 pages of investigation records) taken under the bottom of the body of victims;

1. Report on internal investigation - Confirmation of suspect's criminal records, related photographs (62 pages of investigation records);

1. Application of Acts and subordinate statutes governing stenographic records or recording records;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, family environment, social ties, risk of recidivism, criminal records and recidivism, details of the crime, process of the crime, seriousness of the crime, effectiveness of the prevention of sexual assault that can be achieved through the disclosure notification order, disadvantage to the Defendant, etc., the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism, sexual crime prevention effect that may be achieved through the disclosure notification order, and the provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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