(영문) 제주지방법원 2013.12.20 2013고단1613

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(영문) 제주지방법원 2013.12.20 2013고단1613

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:50 on October 23, 2013, the Defendant, at the vicinity of the Dsung located in Jeju City, her own arms, she friened with a trial cost to be taken from the recipient E (the age of 39) and prevented the victim from driving ahead of his mind of indecent act by force. The Defendant, at around 22:50 on October 23, 2013, she committed indecent act by force by force by using the victim’s body with his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be based on a comprehensive consideration of the following: (a) the degree of indecent act committed by the instant crime on the grounds of sentencing; (b) the Defendant confessions the instant crime; and (c) the Defendant has no same criminal record; and (d) the circumstances, means

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same

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.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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