(영문) 제주지방법원 2015.12.10 2015노432 | 리걸엔진

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(영문) 제주지방법원 2015.12.10 2015노432

강제추행

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (1.5 million won of a fine and 40 hours of an order to attend a sexual assault treatment lecture) is too unreasonable.

2. The judgment follows: (a) there are favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and reflects the defendant; (b) that the defendant agreed smoothly with the victim; and (c) that the defendant had no special criminal record except a fine of one million won due to drinking driving around 2013; (b) however, the court below seems to have determined the punishment by fully taking such circumstances into account; (c) on the other hand, in light of the father, method, place, etc. of the indecent act of this case, it appears that the victim would not have been disadvantaged; (d) in light of the fact that the defendant was a juvenile protection commissioner at the Ministry of Justice, the possibility of criticism due to the crime of this case is higher than that of the defendant, and all other sentencing conditions, the punishment itself of a fine of 1.5 million won as determined by the court below is too unreasonable.

However, the crime of this case constitutes a sexual crime and thus, the defendant becomes subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. According to Article 43 of the same Act, the defendant must submit his/her personal information, such as name, resident registration number, address and actual place of residence, location of occupation and workplace, contact information, physical information (key and weight), and the registration number of owned vehicle, etc. to the head of the competent police office. In addition, the head of the police office shall attend the police office having jurisdiction over his/her domicile every one year from the initial date of registration and have the head of the police office store and keep the personal information in electronic form by photographing his/her front, front, front, front, and front, and front, and where the personal information submitted is changed, 20

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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