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(영문) 제주지방법원 2019.08.23 2019고단423

강제추행

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a patriarche and is not aware of the victim B (a person, a woman, 25 years of age).

On October 11, 2018, around 08:49, when the Defendant was boarding a bus at the bus stops of D Schools in Jeju, the Defendant confirmed the victim to get out of the bus at the G bus stops located in F at Jeju, around 09:29 on the same day, and got out of the bus at around 09:29 on the same day, and got out of the bus at the G bus stops located in F after the victim was pushed back, followed by the victim, and committed an indecent act by force against the victim on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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 Committed against Probation and Order to Attend Courses;

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 recidivism; (c) profits and preventive effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order; and

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 reasons for sentencing are the crimes of the same law.