logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.06.03 2016고합52
아동ㆍ청소년의성보호에관한법률위반(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

1. On July 2015, the Defendant: (a) committed an indecent act by force against the victim E (V) under the influence of alcohol in front of the “D Singing practice site” 2nd floor in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul at around 04:00, on July 7, 2015, on the following grounds: (b) the Defendant committed an indecent act by force against the victim E (Vs 18 years old), who was under the influence of alcohol.

2. The Defendant committed the crime at the end of August 2015, 2015, committed an indecent act on the part of the victim, such as coercioning the victim with the victim while drinking with the victim within 307 “Gel” located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to E and H;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration 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 thus, the accused is obligated to submit personal information to the competent agency

The disclosure order and disclosure order of registered information to be exempted from disclosure order and notification order need to be careful because they could have a significant influence on the defendant, and there is no record that the defendant has been punished for sexual assault crime and thus there is a risk of recidivism or recidivism of sexual assault.

It is difficult to conclude this case. In this case, only the registration of personal information and taking lectures to treat sexual assault can prevent the defendant from repeating a crime.

arrow