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(영문) 제주지방법원 2020.02.07 2019고단2120
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On August 30, 2019, the Defendant: (a) around 22:30 on August 30, 2019, at the C convenience store located in Jeju-si B, and (b) as calculated, the victim D was aware of the body above the calculation unit, and (c) as close as near, the victim’s sexual flag was replaced by the victim’s knife with the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime; (c) profits and effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order

1. Where a conviction on the crime of indecent act by compulsion in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 56(1) 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 Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases

In light of the relationship with the victim and the degree of indecent act, etc. of the reason for sentencing, the fact that the crime is not good, the defendant recognizes his mistake, and the victim.

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