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(영문) 제주지방법원 2019.08.22 2019고단1186
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 7, 2016, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with labor at the Jeju District Court for the crime of interference with business, etc., and the said judgment became final and conclusive on October 15, 2016, but the suspended sentence was revoked on July 5, 2017, and the execution of the sentence was terminated in the Jeju Prison on May 9, 2018.

1. On January 31, 2019, the Defendant, at around 18:00, committed an indecent act by force against the victim by putting the victim’s chest back to the left side of the victim D (one’s name, half’s age, 57), which was introduced from “B,” which was placed in west 18:00, on the top of the west Dopopopos, and making the victim’s chest her son son son son son son son son son son son son son son son son son son son.”

2. Around 20:00 on January 31, 2019, the Defendant committed an indecent act by force against the victim by returning the body that happens on the victim’s own job to the victim while making a drinking on the right side of the victim from “FF” Kaf in the vicinity of the Seopo Epopos.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. A complaint, a report on investigation, and a report on investigation ( telephone conversations for reference C);

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification reports, including the expiry date of the term of punishment for a suspect), personal confinement status, and copies of a written decision to revoke the suspension of execution;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The suspension of the execution of imprisonment with prison labor for the crime of the defendant's age, environment, character and behavior or attempted rape, on the grounds of 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 Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3 (1)

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