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(영문) 제주지방법원 2020.06.24 2020고단407
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

‘‘(B) the Defendant, the Internet lodging brokerage site, is a person who leases a room in his residence in Jeju, and the victim D (name, leisure, age 27) is a person who leases the room using the above site around September 19, 2019.

On September 20, 2019, the Defendant: (a) around 03:00 on September 20, 2019, when drinking together with the victim at the living room of the above Defendant, reported that the victim was not boomed; (b) took the terts in which the victim was suffering, and met both chests of the victim by hand; (c) even though the victim resisted, the victim continued to have she was able to have her seated, and then she her chestd with the victim’s chest by raising the victim’s trts to her own.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint filing statement, set of details of damage, statement of request for appraisal, and statement of request for appraisal, and 112 reported cases;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

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