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(영문) 제주지방법원 2015.04.09 2015고단189
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who serves as a driver of the welfare foundation C in the Jeju city.

On September 1, 2014, around 11:00 to 14:00, at the Defendant’s residence located in Jeju, the Defendant committed an indecent act against the Victim E, a child of the household receiving the support from the said Foundation, by advertising the victim’s sexual desire for committing an indecent act by creating the victim’s sexual desire. After preparing the scholarship application document, the Defendant committed an indecent act against the victim by forcing the victim by using the victim’s sexual desire from the behind the victim who intends to return home after returning to Korea.

2. A quasi-indecent act by compulsion was committed by the Defendant on October 1, 2014, at around 11:00 on the date, the Defendant sought the victim’s residence in Jeju-si D for the purpose of delivering the city, etc. to be paid by the Welfare Foundation. However, the Defendant discovered the victim who was diving in the room, led the victim to sexual desire to commit an indecent act by causing the victim’s sexual desire to commit an indecent act, and used the victim’s chest to commit an indecent act by taking the victim’s chest back to the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on field photographs;

1. Relevant legal provisions and the choice of a punishment on the crime: Imprisonment with prison labor under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to complete a program: The first type and basic area of the crime of indecent act by force on the grounds of sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Punishment in favor of six months-2: The court shall decide on the use of personal trust relationship and the disadvantageous circumstances of the first offense: if a judgment becomes final and conclusive, the defendant shall be subject to the obligation to submit repeated personal information on the punishment, etc.

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