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(영문) 제주지방법원 2017.01.13 2016고단2264
강제추행
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 October 4, 2016, around 00:30 on October 4, 2016, the Defendant committed an indecent act by force against the victim E (the victim E, who is under dancing, 36 years of age) by driving the victim's right chest on one hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. In light of the following circumstances, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) recognized the facts of crime and reflects the fact of crime; (b) there is no record of criminal punishment in the Republic of Korea; (c) in this case, the victim seems to have suffered a considerable sexual humiliation and mental shock; (d) the victim was unable to obtain a letter from the injured person and the injured person want to escape the Defendant’s severe punishment; and (e) in the event the judgment becomes final and conclusive, the defendant is 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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