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(영문) 제주지방법원 2016.09.23 2016고단1212
준강제추행
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 June 3, 2016, the Defendant: (a) d University E Library No. 2, located in Jeju Island around 19:36 on June 3, 2016, the Defendant saw the Victim F (Woo, name, and age 20) who was divingd, and was able to look back to the victim’s seat next to the victim; (b) moved the victim’s head cut, buckbucks, and fucks.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. A written statement of the G production;

1. One screen to be a field photograph, a screen to the closure of a dynamic image;

1. Application of the Acts and subordinate statutes governing video files storage CDs;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. In light of the following circumstances, the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes (hereinafter “Aggravated Punishment”) is as follows: The fact of crime is recognized and reflected in the sentence; the first offense is disadvantageous: The fact that the injured party did not receive a letter of suspicion from the injured party: The background of the prosecution, the degree of conduct by which the injured party was committed, the defendant’s age, sexual conduct, environment, etc.; where this judgment becomes final and conclusive, the accused becomes a person subject to registration of personal information as prescribed in 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.

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, 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 that may be achieved therefrom, and the effect of protecting the victims, etc.

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