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(영문) 제주지방법원 2015.04.23 2014고단1625
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

On September 4, 2014, the Defendant: (a) around September 21, 2014, around the entrance of the C Hospital, where the Defendant, in Jeju Island B, was hospitalized, committed an indecent act by force against the victim by putting the victim’s et al. into the patient’s clothes in an unclaimed state, and putting the victim’s et al. into the patient’s clothes; (b) putting the victim’s et al. into the patient’s clothes in an unclaimed state; and (c) putting the victim’s et al. into the victim’s parts and parts, such as the victim’s et al. into her fingers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint filed in D;

1. Photographs taken on the part of damage;

1. Application of related Acts and subordinate statutes to 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. Provisional payment order: Where the degree of indecent act is weak, and this judgment becomes final and conclusive to submit personal information that has no same criminal record, the defendant is subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the above Act;

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the disclosure order or notification order is determined to be a special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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