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(영문) 제주지방법원 2019.08.22 2019고단1108
준강제추행
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

On December 16, 2018, the Defendant: (a) around 23:15 on December 23:15, 2018, the Defendant: (b) reported that the victim D (a) under the influence of alcohol (a person under the influence of alcohol, a person under the age of 39) was used on a road; and (c) took part in the victim’s drinking part with his left hand.

Accordingly, the defendant committed indecent acts by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E or D;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, related photographs, investigation reports (on-site medication and re-related crimes, etc.), field map and re-explosion photographs, investigation reports (explosion photographs at the time of damage of the injured party), investigation reports (explosion photographs at the scene), investigation reports (explosion images at the scene), investigation reports (explosion photographs around the site), photographs, investigation reports (Attachment of photo photographs of the accused), and investigation reports (explosion and investigation of the person who was at the victim scene);

1. Article 299 of the Criminal Act and Articles 299 and 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. 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); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The sentencing order under Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the circumstances, including the defendant’s age, environment, character and conduct (the first offense), the circumstances surrounding the crime, the means and consequence (the physical condition and degree of an indecent act), the circumstances after the crime, etc.

[Attachment Criteria - Quasi-Indecent Act by compulsion: Sexual crime group, general standards, crime of indecent act by compulsion (subject to the age of 13 or more), type 1 (general indecent act by compulsion), and crime of indecent act by compulsion, etc. - However, since the sentencing criteria are chosen, personal information registration and submission of the defendant is not applicable.

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