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(영문) 제주지방법원 2018.10.17 2017고단3285
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 7, 2017, around 00:40, the Defendant committed an indecent act by force against the victim, on the following grounds: (a) the victim D (the age of 18) who was seated in front of the beauty room and was making telephone conversations, and (b) the victim’s chest was able to talk with the victim’s chests.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. G statements;

1. Application of 34 to the closure photographs of attached CCTV images and 8 on-site photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to provide community service or attend lectures is issued;

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. There are extenuating circumstances in which the disclosure or notification of personal information of a criminal defendant may not be made, taking into account the criminal defendant's age, occupation, family environment, social relationship, criminal record, risk of repeating a crime, profits expected to be expected by an order of disclosure or notification, and adverse effects and side effects, etc., as a whole, in light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure or Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse (the

I think)

Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general standards for the scope of the recommended punishment according to the sentencing guidelines;

2. The decision of sentence shall be made in consideration of the following circumstances; and

The degree of conduct that is disadvantageous: The degree of conduct is not easy, the damage is not recovered, and the defendant who has served as a teacher in a female school for at least 20 years commits an indecent act against the minor female victim, the nature of the crime is recognized, and the criminal punishment is imposed.

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