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(영문) 제주지방법원 2015.10.21 2015고단991
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act at the Jeju District Court on September 25, 2015, and the said judgment became final and conclusive on September 25, 2015.

On July 19, 2014, at around 01:20, the Defendant visited “Fju” on E 2nd floor of beerer E, along with C, and D, a day-to day-day beer.

However, the Defendant listened to the phrase “not selling alcoholic beverages to Korean customers” from the victim G (I will, 30 years of age) who is an employee of the above main shop, and seeed that “us will not enter the Republic of Korea in English,” and seeed the victim who was suffering from a short horse, she had the victim’s hand under the influence of indecent act by force, and boomed the victim’s negative part by inserting the Defendant’s hand under the center of the victim’s heart.

After inspecting the victim, the victim was forced to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, and J;

1. Previous convictions: Application of a certified copy of written judgment and case search statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend (the general standards, the crimes of indecent act (the persons aged 13 or older), the scope of punishment [the crimes of sexual crime, the general standards, the crimes of indecent act by compulsion (the crimes of 13 or more years old), the basic area, the basic area, the term of imprisonment six to two years] and the following circumstances are considered and reflected in the circumstances that are favorable to the determination of the punishment as stated in the order: The fact that there is no record of punishment for the same crime; the fact that the victim seems to have caused a considerable sense of sexual shame due to the instant indecent act; the fact that the defendant did not receive a letter from the victim; and other cases that the judgment becomes final and conclusive.

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