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(영문) 제주지방법원 2019.10.18 2018고단1488
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 was sentenced to imprisonment with prison labor for larceny, etc. at the Jeju District Court on August 10, 2016, and was released on October 27, 2017 in the Jeju Correctional Institution on parole on the execution of the sentence, and the parole period was expired on January 27, 2018.

【Criminal Facts】 The Defendant and the Victim B (year 21) become aware of the fact in the open hosting.

At around 19:00 on February 8, 2018, the Defendant committed an indecent act by force on the part of the victim, on his hand, while talking with the victim, who was aware of in the open opening opening, including the victim, at the following E in the Jeju-si Park on February 8, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (report on investigation into and reporting on the F phone recordings for reference);

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (report on confirmation of repeated crimes), judgment, application of Acts and subordinate statutes to the status of confinement of individuals;

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 recidivism; (c) profits and preventive effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order; and

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;

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