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(영문) 제주지방법원 2018.08.08 2018고단1367
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2018, the Defendant entered China as a Chinese national as B-2 (Notarial Certificate) and the period of stay expired on April 5, 2018.

On June 11, 2018, the Defendant purchased tobacco and ice cream at D convenience stores located in Jeju-si, Jeju-si on June 21, 2018 to the victim E (the name, 18 years of age, women) who is an employee.

With the word "I Don.", the victims were forced to commit indecent acts by attracting the descendants of the victim himself/herself, making them dancing in several times with his/her hands, etc., and by attracting the hand of the victim F (I am 19 years of age), who is an employee who continues to be employed by him/her, to fit his/her hand with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Act and subordinate statutes on video recording photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the recognition of and reflect on crimes in this Act, and the fact that there is no record of criminal punishment in the Republic of Korea);

1. An order to attend a course or order to complete a program under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not imposed on a defendant, considering that the defendant exempted from an order to attend a course is a foreigner and cannot communicate in Korean, etc.

If a judgment of conviction of this case to be submitted becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

However, if the judgment of this case becomes final and conclusive, the fact that the defendant is subject to compulsory eviction under the Immigration Control Act, and the defendant's age, details of crime, and the prevention of recidivism of personal information.

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