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(영문) 제주지방법원 2020.08.19 2020고단1126
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 05:30 on January 16, 2020, the Defendant: (a) entered the victim D (nive, 24 years of age) from the same building convenience store in the immediately preceding building convenience store, and (b) took the victim with drinking together; (c) took the victim with drinking together, and forced the victim to commit an indecent act against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs by cutting off the site photographs and on-site 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused, 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 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 (the Defendant’s age, occupation, home environment, social relationship, criminal record, and recidivism; the risk of disclosure, notice of employment restriction, and adverse effects and adverse effects therefrom; the Defendant is obligated to submit personal information to the relevant agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in full view of the following:

In the light of the relationship with the victim and the contents of the crime, etc., the crime is not easy, and the defendant recognizes and reflects his fault.

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