beta
(영문) 수원지방법원 여주지원 2018.03.28 2018고단72

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 24, 2017, around 20:45, the Defendant: (a) stopped in the B apartment B 203-dong 203-dong 203-dong 2-dong 2, and (b) stated that the space with the vehicle parked on this side cannot be narrowed; (c) the Defendant stated that “she is unable to park this; (d)” means “I am by making it possible to live, and am twice by hand.”

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the time when the defendant commits a crime.

The agreement was submitted to this court to the effect that the injured party was not punished for the defendant, and the defendant paid 2 million won to the victim as compensation.

A defendant has no record of crimes other than that which he/she was sentenced to punishment due to a traffic accident, but pardoned.

In addition, the punishment shall be determined as ordered in consideration of the age, environment, etc. of the defendant.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

Because of the age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order, and the expected side effects.