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(영문) 제주지방법원 2020.11.20 2019고단2614
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2019, around 21:20 on September 20, 2019, the Defendant committed an indecent act on the part of the victim C (nive, 18 years of age) by force, since the victim C (nive, 18 years of age) works in Jeju City, following the victim’s her work, and the victim’s her her her her her her her her her her b

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order to attend education;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and (c) Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, occupation, family environment, social ties, criminal record and recidivism; (d) profits expected due to

1. If a conviction of a crime of indecent act by compulsion against a sex offense subject to registration becomes final and conclusive as to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main text of Article 59-3(1) of the Welfare of Disabled Persons Act; and Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of

The reason for sentencing is the relation with the victim, the background and contents of the crime, the degree of indecent act, the defendant's mistake in the investigative agency, the primary crime, and the defendant.

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