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red_flag_2(영문) 제주지방법원 2015.1.15.선고 2014고단1077 판결

강제추행

Cases

2014 Highest 1077 Indecent Act by compulsion

Defendant

Sa○ (1969 students), souping employees

Prosecutor

Stambling (prosecutions) and stuffing (public trial)

Defense Counsel

Attorney Kang Byung-chul (Korean National Assembly)

Imposition of Judgment

January 15, 2015

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period converted 100,000 won into one day.

shall be confined in a workhouse.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

It is ordered that the defendant pay the amount equivalent to the above fine.

Reasons

Criminal facts

On May 14, 2014, the Defendant continued to put up the victim’s ○○ (e.g., 53 years old) who was aware of a customer who was frequently on the soup bank, at the PC room located in Seocho-si, Seopopopool on 04:23, May 14, 2014. The Defendant, at the PC room where the Defendant was working, continued to put up the victim out of the nearby report by “the remaining defect made by francing on the same beach” and “the victim’s franck in the same beach”. The Defendant, at the convenience store where the victim was living together with the Defendant at the PC room where the victim was using each of his own computers, she was able to cut off the victim’s body in front of his computer, and she was able not to commit an indecent act outside the part of the victim’s body by inserting his hand.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 298 of the Criminal Act;

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

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

Reasons for sentencing

In consideration of the following circumstances, punishment shall be determined as ordered.

○ A favorable circumstances: The recognition of the crime and reflects on the crime, and there is no record of criminal punishment;

At the beginning of a crime

○ Unfavorable circumstances: Doing soup that the Defendant was working only as a guest, and only personally only

난 적이 없었던 여성에게 치근대며 접근하여 저지른 범행이고 , 볼썽사납게 피해자

The victim shall be removed from the next place under the pretext of taking out the side of his or her arms.

In other cases, the degree of indecent conduct cannot be deemed to be minor due to an indecent act committed by putting his hand in a deep mind: the age, occupation, family relation, etc. of the defendant.

Obligation to Submit Personal Information

When this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit his/her personal information to the head of the competent police office pursuant to Article 43

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, consequence and seriousness of the instant crime, side effects expected to be inflicted on the Defendant due to the disclosure order or notification order, side effects to be achieved therefrom, preventive effects of the sexual crime subject to registration, effect on the protection of the victim, etc., it is determined that there is a special reason for not to disclose or notify personal information pursuant to 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, and thus, a non-compliance order or notification order has not been issued to the Defendant.

Judges

Kim Tae-hun