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(영문) 제주지방법원 2016.12.21 2016고단2065
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2016, at around 19:53, the Defendant, at the entrance of the building of the performance hall located in Seopopoposi B, she saw the victim C (the name, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In light of the following circumstances, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (a) recognized the facts of crime and reflects the determination of the sentence as ordered: (b) paid KRW 5 million to the victim after the closure of pleadings; and (c) the victim does not want criminal punishment against the defendant; (d) there is no record of criminal punishment in the Republic of Korea: The victim’s age is the victim’s age and the victim seems to have caused considerable sexual humiliation; and (e) other circumstances that the victim seems to have caused considerable sexual humiliation; (b) if this judgment becomes final and conclusive, the defendant is 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the above Act.

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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