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(영문) 제주지방법원 2015.11.27 2015고단1365
강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 23, 2015, the Defendant: (a) followed the victim E (one’s name, half, and thirty-two years of age) who suffered a snick on the road of the “D” restaurant located in Jeju Island; (b) followed the victim E (one’s name, two’s age) and then put the victim’s knick on the bridge behind the victim.

By reducing the victim's buckbucks, the victim made indecent acts by force.

2. On September 23, 2015, the Defendant fleded immediately after the above crime, but returned to the above place on September 23, 2015, and when the victim tried to report to the police by using a mobile phone, the victim saw his/her hand on one occasion with his/her left hand, and assaulted the victim’s right hand at one time with his/her left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E (alias) and F;

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of each fine concerning the crime;

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

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

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

1. In light of the following circumstances, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the crime is recognized and the degree of an indecent act is relatively serious; the fact that the victim's indecent act by force is committed by force and the victim's report on damage is not sufficient to be the quality of the crime by exercising violence; the defendant's and his defense counsel's assertion is being treated with a mental disorder; the defendant's age, character and conduct, environment, etc. are judged.

1. At the time of the instant crime, the mental divided disease was in a state of mental disability.

2. According to the records, it is recognized that the defendant has received a mental therapy with a Compilation mental fission, but this case is also recognized.

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