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(영문) 제주지방법원 2015.08.21 2015고단632
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was aware of the “E” of the D religious organization “E” in Jeju City, went into the Defendant’s room, caused the Victim F (N, 41) who was working on the said E’s bank, to enter the Defendant’s room, and forced the Victim’s face at the entrance of the victim’s own visit by taking the victim’s face at hand and putting the victim’s injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The following conditions are considered as follows: Recommendations, sentences, scope of punishment [the general standards, types of the crimes of indecent act by compulsion (subject to 13 or more years of age), the special mitigation area, and not more than one year of age] in consideration of the following circumstances: The facts of the crime are recognized and reflected; the victim does not want to punish the defendant; the victim does not want to have any record of punishment for the same crime; the victim does not want to have any record of the crime; the crime is not very good in light of the relation between the defendant and the victim, the background of the indecent act, and the degree of indecent act: Where this judgment becomes final and conclusive, the defendant is obligated to submit personal information to the head of the competent police office under Article 43 of the above Act as he/she becomes a person subject to registration under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes:

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved due to such order, and the victim.

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