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(영문) 제주지방법원 2019.06.27 2018고단3013
강제추행
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 13, 2018, around 03:40, the Defendant committed an indecent act by force by blocking the front of the victim D (the name of the victim, the 19-year age), who is a student of the university, from the front of the “C” main shop located in Jeju Island B, and committing an indecent act by force, by using the victim’s own.

2. At the time and time indicated in Paragraph 1, the Defendant: (a) placed on the left side of the victim’s “F” photographic pipe E in front of the victim’s photographic pipe; (b) rhym the victim’s son; (c) rhym the victim’s own son; (d) rhym on the victim’s right chest; and (e) committed an indecent act by force, with the victim’s her her son’s son.

3. The Defendant, at the “H” coffee shop located in G at the time of proposing the date and time set forth in paragraph 1, was forced to commit an indecent act by force, with the victim’s own left hand, with the victim’s own left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and I;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment of the J TV content), messages-cape photographs, investigation reports (Attachment of suspect letter), letters, investigation reports (STV verification), CCTV image photographs;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all considered, but the following circumstances should be considered in particular.

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