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(영문) 제주지방법원 2017.08.10 2017고단980
강제추행
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 13:00 on December 8, 2016, when the Defendant was waiting for her birth at the D bus stops located in Jeju, the Defendant: (a) sought to ask the victim E (26 years of age, female) who is a Chinese tourist traveling to ask the Defendant about the way; (b) was accompanied by G in Jeju city F along with the victim; (c) on the same day, the Defendant 15:00 on July 15:0 of the same day, the Defendant committed an indecent act against the victim by forcing the victim to engage in tourism along with the victim; (d) was able to commit an indecent act by placing the victim’s head and body with the victim’s hand; and (e) was forced to put the victim’s head and body with the two hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes of a request for appraisal or reply to appraisal;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a judgment of conviction becomes final and conclusive on the criminal facts in the judgment that constitute a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article

According to Article 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall provide personal information in full consideration of the defendant's age, occupation, family environment, social relationship, criminal record, risk of recidivism, details of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, and disadvantage the defendant's suffering.

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