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(영문) 제주지방법원 2017.12.21 2017고단1615
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 07:00 on April 18, 2017, the Defendant drinked alcoholic beverages with D, victim E (n, 23 years of age) at the Defendant’s friendship D’s home located in C 119 dong C 906 at the Defendant’s friendship on April 18, 2017. The Defendant: (a) had the victim under the influence of alcohol to commit an indecent act against the victim; (b) had the locked in the victim’s brode; (c) had the victim’s boom in the victim’s brogate; and (d) attempted to keep the victim’s her finger into the victim’s panty, and (e) had the victim’s knished with his/her son’s finger on the Defendant’s sexual intercourse; (b) had the victim forced the victim to commit an indecent act against him/her in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Where a judgment of conviction becomes final and conclusive on the criminal facts in the judgment that constitute a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) 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 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

According to Article 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall provide personal information in full consideration of the defendant's age, occupation, family environment, social relationship, criminal record, risk of recidivism, details of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, and disadvantage the defendant's suffering.

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