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(영문) 제주지방법원 2018.12.21 2018고단326
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 5, 2017, around 18:45, the Defendant: (a) boarded in the F bus bus stop located in Jeju, which was operated on the surface of Jeju, and was seated in the seat; (b) reported the Victim G (the 22 years old) on the side of the victim; and (c) when the bus became in the vicinity of the container, the Defendant forced the victim to commit an indecent act by force by force, by holding the victim’s pelbow and the buck part of the bucks with the right arms and the bucks with the left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 disclosure and notification orders; (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, occupation, family environment, social ties, criminal records, the risk of recidivism, profits expected by the disclosure and notification orders; (c) the effect of prevention; and (d) disadvantages and side effects, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified;

I think)

Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general standards for the scope of the recommended punishment according to the sentencing guidelines;

2. The decision of sentence shall be made in consideration of the following circumstances; and

The favorable circumstances: The recognition of crimes and reflects, the fact that the defendant has no record of punishment for the same kind of crime, and the unfavorable circumstances that the defendant agreed with the victim: the degree of criminal conduct.

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