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(영문) 제주지방법원 2016.10.19 2016고단1874

강제추행

Text

A defendant shall be punished by imprisonment for six 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

On July 1, 2016, around 15:58, at C bus stops located in Seopopopo City B, the Defendant: (a) reported that the victim D (one, two, and thirty-three years of age) sits in the above bus stops; (b) attempted to commit an indecent act against the victim; and (c) brought the sexual flag into the victim’s fluor, fluoring the sexual flag, and fluoring it into the victim’s fluor, following the victim’s fluoring, etc.; and (d) fluoring the victim’s fluor.

In other words, the victim was forced to commit several indecent acts.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to list of 112 reported cases), a criminal investigation report (Attachment to a site and a photograph of a suspect), and a criminal investigation report (Attachment to photographs taken by a victim);

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on October 8, 2012, the sentencing guidelines include the following factors: Recommendations, sentences, scope of sentence [the general standards, types 1 (subject to at least 13 years of age), the basic area, six-month and two years of age], and ordinary circumstances favorable to the determination of the punishment as stated in the order: The fact that the facts of the crime are recognized and reflects; the fact that there is no record of criminal punishment heavier than the fine; the fact that the crime is bad and serious; the fact that the victim seems to have caused considerable sexual humiliation; the fact that the victim was unable to receive a letter from the victim; the fact that the defendant was given a summary order of at least two million won due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes; and any other fact that the defendant is subject to the duty to submit personal information in accordance with Article 4(1) of this Act.