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(영문) 제주지방법원 2020.10.08 2020고정304

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 18, 2019, the Defendant committed a crime around 01:00 on October 18, 2019, around 01:00, around October 18, 2019 to the victim D (33 years of age) who is an employee of the above convenience store around the C convenience store located in Jeju-si, Jeju-si, in his/her hands, was found to have four times the victim’s left ket.

2. On October 18, 2019, the Defendant committed the crime at around 01:35, around the same day as the above paragraph (1) above, and around 01:35 at the same place, the Defendant d spared the victim with his/her multiple hands.

Accordingly, the defendant committed indecent acts by force against the victim respectively.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to each police statement of D and E, report on the occurrence of each police statement, accusation, investigation report (Attachment of victim's motion picture data);

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, details and circumstances of the offense, method and seriousness of the offense, criminal records, disclosure order or notification order and employment restriction order, the degree and anticipated side effects of the disadvantage to be borne by the Defendant, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, and the principle of prohibition of disadvantageous change in the disadvantage of the Defendant, etc., the Act on Special Cases concerning the Punishment of Sexual Crimes.