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(영문) 제주지방법원 2020.05.20 2019고단2664

강제추행

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the victim B (the family name, the female, the age of 23) and the first met, and the defendant, while drinking with C et al., had contact with C while drinking with C, who is a ter, and became joint with the victim.

From around 02:30 on July 3, 2019 to around 03:30 on Jeju, the Defendant: (a) opened the victim’s right side bucks located above the Defendant’s side by hand; (b) on July 3, 2019, the Defendant continued to use the victim’s side bucks in hand; and (c) on July 3, 2019, around 04:00, the Defendant completed the drinking bucks, followed the victim who returned home to the house, and tried to use the victim’s hand.

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 made to B, C, G, and H;

1. Application of the Acts and subordinate statutes to the contents of a photograph, a capse photograph and a Kakaooxe course;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, details of the instant crime, degree of damage, profits expected from the disclosure and notification order and the effect of prevention, disadvantages and side effects of the disclosure and notification order, it is deemed that there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified to the public)

1. The 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 Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The order of provisional payment;