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(영문) 제주지방법원 2015.11.25 2015고단1395
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 17, 2015, from around 06:16 to around 07:25 of the same day, the Defendant: (a) was under influence of alcohol in the 3rd floor of the soup 3rd floor of “D” located in Jeju City, and (b) took advantage of the victim E (the family name, fry, 30 years of age) and took advantage of the victim’s side side, and (c) took part in the victim’s sound, bridge, tran, tran, etc. on several occasions.

2. On September 21, 2015, the Defendant: (a) around 10:15 on September 21, 2015, and around 22 years of age, the Defendant saw H (the age of 22) who was diving in the Jeju Tropsying room of “G” located in the Jeju Tropsying room; (b) as the victim’s side, the victim’s flasing of the victim’s flab, and brought the proposal into the rubber line of the victim’s flab.

Accordingly, the defendant committed indecent acts against the victims in the state of mental disorder two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E (tentative name) and H;

1. Application of Acts and subordinate statutes to report internal investigation (including accompanying photographs as a result of on-site CCTV analysis);

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines of 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 punishment [13 years of age or older, 13 years of age or older, 13 years of age or older, 13 years of age or older, 2 years of age or older, 13 years of age or older, sex crime group, general standards, crime of indecent act by compulsion (the objects of 13 years or more), 1 type, basic area (general indecent act by compulsion), 3 years of imprisonment (6-2 years of age or more), 6-3 years of imprisonment] and the following circumstances are considered: The fact that it is recognized that the fact of crime is committed, the fact that there is no record of punishment for the same kind of crime is committed, and the fact that there is no record of punishment for the same crime is committed twice in a soup room that it is not good in light of the Act on the Punishment of Criminal Crimes, and that it is not received from the victims.

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