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(영문) 제주지방법원 2020.02.13 2019고단2612
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is a customer of C at the time of Jeju operated by the victim B (a person, a person, 47 years of age).

On September 26, 2019, around 02:55, the Defendant reported that the victim was under influence of alcohol, and caused the victim's chest by putting the victim's name above and putting the loss into the victim's hub.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of the investigation report (as to the statement of the victim's friendship), on-site photograph, investigation report (the confirmation of the statement of the victim's female dynamics with the victim), investigation report (on-site confirmation and search of the other party of the victim's female dynamics), on-site photograph, investigation report (the statement confirmation and statement confirmation between the victim and the female dynamics of the victim), and the detailed statement of currency tax

1. Article 299 of the Criminal Act and Articles 299 and 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The sentencing period under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered in consideration of all the circumstances, including the defendant's age, environment, character and conduct (the fact that there is a history of punishment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse), the circumstances leading up to the crime, the means and results (the physical parts and degree of the indecent act), the circumstances after the crime, etc.

[Attachment Criteria - Quasi-Indecent Act by compulsion: sex crime group, general standards, crime of indecent act by compulsion (subject to the age of 13 or more), type 1 (general indecent act by compulsion), and crime of indecent act by compulsion of punishment, etc. - However, since the sentencing criteria are chosen, the registration and submission of personal information will not apply to the

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