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(영문) 제주지방법원 2021.02.03 2020고단2428
강제추행
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 19, 2020, the Defendant, at around 03:15, committed an indecent act by force, on the part of the victim C (a name, fel, 22 years of age) who walked the road, following the victim C (a name, fel, fel, 22 years of age) who walked on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of related photographs and Acts and subordinate statutes on crimes;

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

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. 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 Persons with Disabilities Act, which is an employment-restricted order;

1. If a conviction of an indecent act committed in the judgment, which is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the defendant committed the crime of this case during the period of suspended execution due to the same crime, but the defendant is not guilty. However, the defendant has a deep depth and reflects his mistake, has been agreed with the victim, there is no previous conviction other than the above suspended execution, the circumstances of the case, the degree of conduct, the defendant's age, criminal records, sex, environment, means and results of the crime, and all the other factors of sentencing as shown in the records and theories of changes, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered, by taking into account the following factors.

In full view of the Defendant’s age, occupation, family environment, social relationship, previous convictions, benefits and preventive effects expected by an order of disclosure notification, and disadvantages and side effects of the Defendant’s exemption from an order of disclosure notification, the personal information of the Defendant may not be disclosed.

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