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Reasons
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(영문) 제주지방법원 2020.01.22 2019고단2018
강제추행
Text

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

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

Reasons

Punishment of the crime

Defendant

A (E) around 04:31 March 16, 2019, as a person who works as Cwater in Jeju-si B, and around 04:31 on March 16, 2019, as a member of the E-cafeteria in Jeju-si, in order to get the order by entering the E-si restaurant located in D, the victim F (Gain) in front of the table was hickly hicked, and the refused to use both arms was hicked, and the victim was hicked, and the victim was hicked, again hicked with his hand, etc., and the victim was hicked against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the relevant photographs and investigation reports (the CCTV confirmation, etc. at E cafeterias) Acts and subordinate statutes;

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. 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 repeating a crime; (c) profits and effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order

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 judgment of conviction on the crime of indecent act by compulsion, which is a sex offense subject to registration, shall be finalized on the registration of personal information and obligation to submit personal information under Article 334(1) of the Criminal Procedure Act.

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