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(영문) 제주지방법원 2019.09.27 2019고단1306
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a staff member B.

1. On March 16, 2019, around 09:38, the Defendant: (a) reported the victim E (tentative name, leisure, 22 years of age) who is an employee of the gas station at the “D gas station in Jeju Island” office; (b) reported the victim’s arms of the victim; and (c) took the arms of the victim of the victim; (d) made the victim’s knife away with his left hand so that the victim’s knife knife knife knife knife knife knife knife knife knife

2. On March 16, 2019, at around 10:00, the Defendant visited the “D gas station” above, and committed an indecent act by force against the victim, following the above victim’s vehicle, who is taking the gas on the Defendant’s vehicle, by driving the two shoulders of the victim on one’s own.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of related Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) 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 Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism; (c) profits and preventive effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order; and

1. As to the crime of indecent act by compulsion, Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the crime of indecent act by compulsion on the judgment

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