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(영문) 제주지방법원 2018.10.17 2018고단170

강제추행등

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

around 02:51 on August 7, 2017, the Defendant committed an indecent act by force against the victim D (V, 36 years of age) who talks with his son and talks with his son on the front road in Jeju-si, Jeju-si on August 7, 2017.

“The Defendant, from April 17, 2018 to 0:30:30 on April 17, 2018, 2018, the Defendant opened and opens a dominium in G in Jeju, operated by the Victim E from April 17, 2018 to 0:55 on the same day, and has opened and opened a math of the dominium not corrected.

They returned to the present party and its surroundings, and received a demand from the injured party to change the situation.

Nevertheless, the Defendant refused to comply with the demand for withdrawal of the victim without justifiable reasons, such as the Defendant’s failure to comply with the demand and desire to take sound until the police officer arrives.

Summary of Evidence

"2018 Highest 170"

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. The H's written statement "2018 Highest 968";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 319 (2) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to attend lectures under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Disclosure and Notice of Employment, the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) (the Defendant’s age, occupation, family environment, social ties, criminal record and recidivism risk, the benefit and effect expected by an order for disclosure and notice of employment restriction, and disadvantages and side effects therefrom, etc.