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(영문) 제주지방법원 2019.10.10 2019고단1665
준강제추행
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 between the victim B (the family name, the female, the age of 36) and the Internet conference around January 2019.

At around 00:00 on April 17, 2019, the Defendant drinking alcohol with the victim at the victim's residence located in Jeju City, while drinking alcohol with the victim, reported that the victim was locked in the bend under the influence of alcohol, and met the victim's chest with his/her finger, met with his/her finger, took the victim's chest with his/her finger, took the son and brue into the brue, cut his/her breast, putting his/her finger and brue into the victim's panty, and putting his/her finger into the victim's panty.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to the head of a complaint, a report on investigation (Attachment of D details exchanged between the defendant and the complainant), and a photograph of contentsD output;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, environment, character and conduct (no record) and the reason for sentencing under the main sentence of Article 56 (1) 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) and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, the background leading up to the crime (no record of the crime), the means and consequence of the crime (physical injury and degree of indecent act), the circumstances after the crime, etc.

[Attachment Criteria - Quasi-Indecent Act by compulsion: The Defendant shall be punished against sexual crimes in a case where a conviction on the instant criminal facts is finalized against the Defendant who registers personal information and must submit such information as a sex crime group, general standard, crime of indecent act by compulsion (subject to the age of 13 or more), type 1, etc.

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