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(영문) 제주지방법원 2016.03.09 2015고단1651
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 7, 2015, 02:04, the Defendant passed the distance near C in Jeju Island, and found the victim D (the age 24) who saw the bucker with the bucker, and met the victim once with the left hand hand, etc. of the victim, and continuously discovered the victim E (n, 23 years old) at around 02:07 on the same day, and the victim met the victim's macker with the right hand hand.

Accordingly, the defendant forced victims to commit an indecent act twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report on investigation (Securing CCTV video data for crimes);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act and the choice of fines for criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are considered in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Recognizing the facts of the crime and reflects the sentencing of the sentence as ordered: The fact that there is no record of criminal punishment in the Republic of Korea; the degree of conduct is relatively not severe; the victims have paid two million won to the victims after the conclusion of the pleading, and the victims have agreed that they do not want criminal punishment against the defendant, and the victims do not want criminal punishment against the defendant: The fact that the crime is not good in light of the applicable criminal law is committed on two occasions, and it is difficult to expect the smooth implementation of orders to complete a sexual assault treatment program, such as the defendant's age, sexual conduct, environment, etc.; the defendant exempted from orders to complete a sexual assault treatment program as a foreigner of his/her nationality, and it is difficult to achieve the effectiveness of preventing the recidivism of a sexual crime.

Since it is judged, there are special circumstances where order cannot be imposed.

When this judgment becomes final and conclusive, the accused shall obtain personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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