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(영문) 제주지방법원 2016.10.05 2016고단1308
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 2, 2016, around 03:35, the Defendant: (a) deemed that the victim E (name, ring, 33 years of age) and F (33 years of age) are waiting to wait for the seat and are smoking in G vehicles, and (b) took a desire to cut the cigarette on the top of the above vehicle.

As the victim mentioned in this paragraph, the defendant was forced to put the back of the victim's vehicle and arbitrarily boarded the victim's vehicle, and then requested the victim to leave the vehicle from the driver's seat, and he was forced to put the victim's shoulder down from the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police protocol of statement of E and F;

1. Application of relevant CD-related Acts and subordinate statutes;

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. Where this judgment becomes final and conclusive by taking into account the fact that the indecent act on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act is relatively insignificant, that there is no record of criminal punishment for the same kind of crime, that there is no record of criminal punishment from the victim, and that the defendant did not receive a letter, the circumstances before and after the crime in this case, the defendant's age, character and conduct, environment, etc., the defendant becomes a person subject to registration of personal information 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

The age, occupation, risk of recidivism, type of crime in this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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