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(영문) 제주지방법원 2020.04.10 2019고단2421
준강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the same as the victim B (n, 21 years of age) and the university.

On August 4, 2019, around 00:48, the Defendant: (a) on the alleyway adjacent to “Dcafeteria” located in Jeju-si, the Defendant forced the drunk victim to kid, (b) the drunked the victim, (c) the victim’s chestd with the wall, and (d) the victim’s chestd with the victim’s will and panty, and (c) the victim’s panty.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. E statements;

1. Application of Acts and subordinate statutes to reports on generation, 112 Reporting, handling of cases, and text messages;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. Taking full account of the following circumstances: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the Defendant’s age, occupation, home environment, social relationship, previous offense, and the risk and effect of recidivism, disadvantages and side effects of such order, etc., the disclosure or employment restriction of the Defendant’s personal

1. Where a conviction becomes final and conclusive in respect of a crime of quasi-indecent act by force, which constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is subject to Article 42(1) of the Act on Special Cases concerning the Punishment,

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