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(영문) 제주지방법원 2020.04.09 2019고단2790

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 12:30 on October 13, 2019, the Defendant committed an indecent act by force against the victim, such as: (a) the victim D (a) who was a customer who was a customer who was suffering from the Arotheamathma, and (b) the victim’s right part of the chest head, and (c) the victim’s right part of the chest head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the Acts and subordinate statutes to criminal complaints, text messages, photographs, recording files of conversations;

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [it is deemed that there are special circumstances in which the accused shall not disclose or notify personal information to the public, in full view of all the circumstances, including the background and form of the crime in this case, the details of the punishment and incidental disposition to be imposed on the accused according to the crime in this case, the profits and effects expected by the order to disclose or notify, and any disadvantages and side effects resulting therefrom, etc.

1. Circumstances unfavorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities: Circumstances favorable to the Defendant’s appearance of a person with a high level of trust with the victim who has been deprived of his/her reputation, such as sexual public sense or anti-defacy, despite the high degree of trust with the victim: The Defendant’s dynamicly led to indecent acts by compulsion in the course of making the victim a face of a telecommunication with his/her face to the victim; the Defendant’s absence of power; the Defendant’s age and agreement with the victim;