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(영문) 제주지방법원 2017.04.20 2016고단2267
강제추행
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, at around 08:23 on September 27, 2016, when he/she was under the influence of distinguishing things or making decisions due to her on-site illness, he/she sawd the victim E (n, 24 years of age) at the D stopping place located in Jeju-si C according to delivery in the direction of luminous distance, and she walked in the direction of luminous distance, facing the victim after going back from the front India, and she committed an indecent act by forceing the victim by moving back the left hand to the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. A E-document;

1. A report on the occurrence of an indecent act;

1. Investigation report (verification of CCTV images for controlling the vehicles of spirits in the damaged field);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical drugs (ex officio mitigation);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

According to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, in a comprehensive consideration of the Defendant’s age, occupation, physical and mental weak condition, family environment, social relationship, criminal record and risk of recidivism, details of the crime, process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved through an order to disclose information, and disadvantage the Defendant, etc.

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