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(영문) 제주지방법원 2020.04.16 2020고단260
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 02:13 on January 1, 2020, the Defendant discovered the victim D (name, b. 27 years of age) who was living together with fluence in C underground surface room located in Jeju-si, and committed an indecent act by force against the victim by taking advantage of the victim's right side surface, and by taking advantage of the victim's side side side surface in the right side of the above victim's hand, and by taking out any reaction between the Defendant and the victim, the Defendant committed an indecent act by force against the victim by taking out the victim's side lives and part of the victim's back to the victim's front side, and by taking out the victim's front line between the victim and the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written statement prepared in D;

1. Application of the 112 Reporting List, stenographic records, investigation report-C CCTV image files attached, related photographs, and statutes governing CDs for storage of C CCTV images;

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [it is deemed that there are special circumstances in which the defendant shall not disclose or notify personal information to the public, taking into account all the circumstances, including the background and form of the crime in this case, the details of the punishment and incidental disposition to be imposed on the defendant according to the crime in this case, the profits and effects expected by the order to disclose or notify, and any disadvantages and side effects resulting therefrom, etc.];

1. Circumstances unfavorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities: The fact that the defendant forcibly commits an indecent act against a victim who was in a bath or underground water room, and the nature of such offense is not that of the victim;

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