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(영문) 제주지방법원 2020.01.17 2019고단1876

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the president of the B hotel at Seopo-si, and the victim C (n, 40 years of age) is an employee of the above hotel.

On August 15, 2019, the Defendant: (a) around 17:55, on August 15, 2019, the victim was knenee and knenebbbbs.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment to a photograph of major images taken byCCTV);

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service or attend lectures;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime; (c) profits and effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order

1. Where a conviction on the crime of indecent act by compulsion in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases

The defendant's mistake in sentencing is recognized, and damage is recognized.