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(영문) 제주지방법원 2015.09.11 2015고단489

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

At around 23:15 on April 3, 2015, the Defendant found the victim C (here, 40 years of age) who sited on a long-distance in front of the CgV film museum in Jeju, and forced the victim to commit an indecent act on the part of the victim, such as the victim's arms and left flab and flab, and flabing the victim's flab, and the victim's flab, refused to flab on the flab, while the flabing of the flab and flabing of the flab.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Each police statement of C or D;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a criminal investigation report (a copy of the dispatch date at the time of the case);

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 of the Order to Attend (the scope of recommendations, sentences (the general standards, the crimes of indecent act by compulsion (the persons aged 13 or older), types 1, the mitigation area, the mitigation area, the term of imprisonment not more than 1 year) and the following circumstances are considered: The circumstances that are favorable to the determination of the punishment as stated in the order: The fact that there is no record of being punished for the same crime or of criminal punishment heavier than the fine: The fact that the victim seems to have a face of a considerable sense of sexual shame due to the instant indecent act; the fact that the defendant was unable to receive a letter from the victim; the fact that the defendant was unable to receive a letter of sexual humiliation; the circumstance and degree of the indecent act; the defendant's age before and after the crime; the defendant becomes 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 defendant is obligated to submit personal information to the head of the competent police office pursuant to Article