(영문) 부산지방법원 2019.06.14 2019노7 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.06.14 2019노7

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. As to the gist of the grounds for appeal, there is no fact that the defendant has dancing the victim in a manner consistent with the victim's entry.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion, namely, ① the victim made a statement consistent with this part of the facts charged, ② the Defendant also admitted this part of the facts charged from the investigative agency to the court of the lower court, ③ the Defendant denied this part of the facts charged at the time of the appellate trial, but did not explain the reasons that recognized the facts charged and the circumstances leading up to the reversal of the statement prior to this time, it is sufficiently recognized that the Defendant had obstructed the victim, such as the facts constituting the crime of indecent act by compulsion in the judgment of the lower court.

Therefore, the defendant's assertion of mistake is without merit.

B. Where a judgment of conviction becomes final and conclusive on a crime of indecent act by compulsion in the judgment of the court below regarding the registration of personal information, the defendant is a person subject to registration of personal information pursuant to the main sentence of 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 registration period of personal information against the defendant is ten years in accordance with Article 45 (1) 4 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the sex crime which causes the registration of personal information and the remaining crimes of assault, the nature of the crime, seriousness of the crime, etc., the registration period of personal information in this case is deemed not necessary to be more than the period according to the sentence pursuant to Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, so the registration period of personal information should not be shortened.

3. As the appeal by the defendant is groundless, Article 364(4) of the Criminal Procedure Act is not reasonable.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제45조 제1항 제4호

-성폭력범죄의 처벌 등에 관한 특례법 제45조 제4항

-형사소송법 제364조 제4항

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