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(영문) 서울중앙지방법원 2016.09.30 2016고단4593

강제추행

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On March 28, 2016, around 04:16, the Defendant: (a) committed an indecent act by force against the victim by putting his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son in Gangnam-gu Seoul Metropolitan Government.

2. The Defendant, at around 05:58 on the same day, committed an indecent act by force against the victim by putting the victim’s her her mare in his/her hands in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes (hereinafter “Aggravated Punishment”) is based on the following: (a) the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc.