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(영문) 제주지방법원 2020.03.18 2019고단1853
준강제추행
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

The Defendant and the victim B (the family name, the female, the age of 29) were between the workplace rent in which the Defendant and the victim together worked in the “A” located in Seopo-si C.

On July 22, 2019, at around 00:05, the Defendant committed an indecent act against the victim by using the victim’s state of inability to resist, such as drinking together with the victim, drinking together with the victim, drinking together with the cresh which the victim was able to sleep, drinking the victim’s chest by hand, putting the hand into the victim’s panty, and drinking into the victim’s panty, and drinking into the victim’s panty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of investigation reports (referring to submission of text messages sent by a suspect and appointment and notification of a public defender), investigation reports (related to D and telephone calls), investigation reports (Listening to E telephone statements) and statutes;

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

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

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

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 personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime; (c) profits and effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order

1. The accused who is finally and conclusively convicted of a crime of quasi-indecent act by force, based on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).

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