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(영문) 제주지방법원 2015.12.16 2015고단1433

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 06:20 on October 8, 2015, the Defendant discovered the Victim E (Nam, 49 years of age) who was divingd without clothes in Drata or in the third water surface room located in Jeju-si, Jeju-si, and came up with the Victim’s chest and body by enjoying it in the victim’s side, and then the Victim’s chest and body became up with the victim’s fingers.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. In light of the following circumstances, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (a) recognized the facts of the crime and reflects the fact of the crime; (b) paid three million won to the victim; (c) provided that the victim does not want the punishment against the defendant; and (d) the first offense is not good in light of the background leading up to the crime in this case, the defendant’s age, character, conduct and environment, etc.; and (c) if this judgment becomes final and conclusive, 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 is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the above Act.

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