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(영문) 제주지방법원 2020.10.14 2020고단1637
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on January 28, 2020, the Defendant found the “C” restaurant located in the Jeju-si, and provided the meals to the customer, and around 19:30 on the same day, the Defendant met the chest of the victim E (the family name, the female, the age of 19) working as an employee at the above restaurant with the Gap-si’s hand floor in which D, who is a branch in the above restaurant, is calculated by the cafeteria, and even though the victim resisted the Defendant, the Defendant met the victim’s back to his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, F, and D;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

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 information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and (c) Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, occupation, family environment, social ties, criminal record and recidivism; (d) profits expected due to

1. Where a conviction of a sex offense subject to registration becomes final and conclusive with respect to the registration of personal information and the crime of indecent act by force under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main text of Article 59-3(1) of the Act on Welfare of Disabled Persons, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases

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