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(영문) 제주지방법원 2020.03.27 2019고단2251
준강제추행
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 05:00 on July 22, 2019, the Defendant, after completing sofabab in the waters room of the first floor of “C” located in “C” in Jeju-si, and committed an indecent act by force against the victim D (30 years of age) who was diving in the bend floor of the second floor, by inserting the Defendant’s hand into the part of the victim’s lower part, and inserting the Defendant’s hand into the part of the victim’s lower part, and putting the Defendant’s sexual organ into the upper part of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of related Acts and subordinate statutes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. Where a conviction on the crime of quasi-indecent act by compulsion based on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1)

The degree of indecent conduct on the grounds of sentencing is not easy and the damage is not recovered, the defendant recognizes and reflects his mistake, and there is no record of criminal punishment in Korea.

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