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(영문) 제주지방법원 2014.10.23 2014고단1166
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 15:10 on August 4, 2014, the Defendant forced the victim to commit an indecent act by force on the following side of the report that the victim D (the 34 years of age), the customer was seated by the Defendant, who was waiting for food ordered by the customer at the time of Seopopopo City B, when the Defendant was waiting for the food ordered by the customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 298 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal situation: (a) recognized a crime and reflects the crime; (b) the degree of indecent act cannot be deemed a significant letter; (c) a person who has no record of criminal punishment for the same kind of crime is a crime committed against a victim with his family in a restaurant; (d) a person who has been sentenced to imprisonment in 2008; and (e) a person was sentenced to a suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) by 2012; and (e) a person who has been sentenced to a fine may have been sentenced four times until 2012; and (g) a judgment becomes final and conclusive to require personal information, such as the defendant's age and occupation, the defendant is obligated to submit personal information to the head of the competent police office under Article 42(1) of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of the crime of this case, and the defendant's age, occupation, risk of recidivism.

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