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(영문) 제주지방법원 2016.05.25 2016고단522
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

At around 02:15 on December 6, 2015, the Defendant ordered the victim D (hereinafter referred to as 63 years of age) (hereinafter referred to as the “victim”) in Jeju-si, the Defendant committed an indecent act by force against the victim, including: (a) the victim, who was under drinking together with the victim while drinking alcohol; (b) the victim, who was under drinking together with the victim, went to the toilet together with the victim; and (c) the victim, who was waiting outside the toilet of the Lao Mararma, 199, was tightly pushed the victim, was frightd, and tried to fright the chest of the victim; and (d) the victim, who was under waiting outside the toilet, committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of draftD;

1. Application of Acts and subordinate statutes to a investigation report (including the closure of CCTV images for crime prevention around the site), investigation report (report on the recording of a victim D phone and summary of statements);

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of the following circumstances, the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is as follows: The fact of crime is recognized and reflected in the sentence; the injured party does not want to be punished against the defendant; the injured party does not have any record of criminal punishment for the same kind of crime; the injured party has no record of criminal punishment; when the judgment becomes final and conclusive, personal information to be submitted, such as the process of prosecution, degree of conduct, age, sexual behavior, environment, health conditions (social fear, depression, etc.) of the defendant, etc., the defendant becomes 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 the head of the competent police office pursuant to Article 43 of the above Act.

An order to disclose or notify the accused's age, occupation, risk of recidivism, type and motive of the crime in this case, process of the crime in this case, seriousness of the crime, and order to disclose it.

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