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(영문) 제주지방법원 2016.08.11 2016고단914
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 01:40 on February 19, 2016, the Defendant continued to use “D” rooms on the third-story female water surface in Jeju Island as his hand and rhym the right edges, etc. of the victim E (the name, leisure, 20 years old) that was diving, and the Defendant seems to have taken charge of the left side of the victim F (the name, leisure, 20 years old) that was diving in the above E.

Accordingly, the defendant committed an indecent act against the victims by taking advantage of the situation where the victims' resistance is impossible.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, F, and G;

1. Each statement of H, G, G, and I;

1. Investigation report (Analysis and attachment of CCTV video recording data), CCTV closures;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act, and the choice of fines for the crimes;

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

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

1. 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.

In light of the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, criminal records and recidivism, the details of the crime, the process of the crime, seriousness of the crime, the effectiveness of the prevention of sexual crimes that may be achieved by the disclosure disclosure order, the disadvantage of the Defendant, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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