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(영문) 제주지방법원 2015.08.28 2015고단1013
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:20 on July 10, 2015, the Defendant discovered that the victim E (the named name, the age of 36) suffered from the snicker and was cleaning the toilet in order to make the snick, and had the victim indecently committed indecent act.

Therefore, the Defendant confirmed that the above alley does not pass any way on the above alley, followed by the victim’s back, etc., and led the victim to walk and prevent the victim from suffering with his/her hand, and led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of related photographs), a report on investigation (in respect of clothes that a suspect sustained at the time of the commission of the offense), and a report on investigation (Attachment of CCTV Data

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. The sentencing guidelines under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend (the scope of recommendations, sentences, general standards, types 1 (the objects of 13 or more years of age), mitigation area, year or less), and the following circumstances are considered: (a) the fact of the crime that is favorable to the determination of the punishment as stated in the order; (b) the fact that there is no record of criminal punishment; and (c) the victim does not want the punishment against the defendant by mutual consent with the victim and the victim: (a) the fact that there is no disadvantage that the crime is committed in light of the victim’s indecent act and method against the victim who committed the act in his or her state at night, and the degree of indecent act, etc.; and (d) the fact that the crime is not very good in light of the defendant’s age, character and behavior, environment, etc., and the defendant’s personal information becomes final and conclusive.

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