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(영문) 제주지방법원 2021.01.13 2020고단2566
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, at around 00:30 on September 23, 2020, committed an indecent act by force against the victim C (the son, 35 years of age), such as drinking alcohol with the husband of the victim and the victim, drinking alcohol with the victim, having the victim enter the room to use the body of the victim as a measure of the victim, making the victim knife the body of the victim, making the victim knife the body of the victim knife and knife the victim’s ear, and knife the victim’s chest and knife the victim’s chest, and knife the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture or an order to provide community service;

1. If a conviction on a crime of indecent act committed by a person subject to restriction on employment becomes final and conclusive in the judgment that is a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, the defendant 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 is obligated to submit personal information

In light of the relationship with the victim of the reason for sentencing, the circumstances of the case, the details of the crime, the method of the crime, etc., the poor quality of the crime is recognized, the defendant's mistake is recognized, the criminal defendant has no criminal record exceeding the same criminal record or fine, the defendant's age, sexual conduct, environment, means and result of the crime, and all the other conditions of the punishment as indicated in the records and the theory of changes, such as the circumstances after the crime, etc., shall

The exemption of disclosure notification order is due to the age, occupation, family environment, social relationship, criminal record, risk of recidivism, and order of disclosure notification.

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