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(영문) 제주지방법원 2016.06.09 2016고단431

강제추행

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 20, 2016, at around 18:50, the Defendant entered the C commercial store in Jeju, while under the influence of alcohol on February 20, 2016, and reported the victim D (n, 21 years of age) who is an employee of the Defendant, and the Defendant was able to have the victim's left arms at his own port, after the victim et al.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs by capturing related photographs and CCTV images;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, family environment, social relationship, the risk of repeating a crime, the details of the crime, the process of the crime, seriousness of the crime, the effectiveness of preventing sexual assault that may be achieved through the disclosure disclosure order, the disadvantage of the Defendant, etc., as a whole, the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be disclosed.

I seem to appear.

Therefore, it is not ordered to disclose or notify the personal information registered with the defendant.

The reason for sentencing is the age, sex, environment, relationship between the defendant and the victim, the method and degree of prosecution, the circumstances after the crime.