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(영문) 제주지방법원 2020.08.14 2020고정144
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

피고인은 2019. 9. 13. 00:05경 제주시 B에 있는 C 주점 내에서 열린 주점 1주년 기념 파티에서 피해자 D(가명, 여, 30세)와 합석하여 술을 마시던 중 피해자에게 귓속말을 하다가 볼에 입을 맞추고, 피해자의 의사에 반하여 손을 잡고 피해자의 허벅지를 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographing photographs, internal investigation reports, and the application of statutes to listen to voice recording files sent by victims;

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. 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, and an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in full view of the following: the principle against disadvantageous change; the defendant’s age, occupation, home environment, social relationship, criminal record, public notification, and the benefits expected by the order to disclose or prevent the defendant’s personal information; the disadvantages and side effects therefrom;

1. Where a conviction on a crime of indecent act by compulsion in the judgment, which is a sex offense subject to registration, becomes final and conclusive under Article 334(1) of the Criminal Procedure Act, 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 such person shall submit personal information to a related agency in accordance with

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