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(영문) 서울남부지방법원 2017.12.20 2017고단5118

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 9, 2017, the Defendant, around 00:14, around C elementary school located in Guro-gu Seoul Metropolitan Government, had the victim D (the 30-year-old age), who was waiting for the signal to cut off the way along with his driving at the crosswalk, accessed the victim's mind to forcibly commit an indecent act against the victim. On the other hand, the Defendant forced the female to do an indecent act against the female by making his left hand only once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 under Article 334(1) of the Criminal Procedure Act is that even though the Defendant had been punished by a fine for a crime similar to the instant case in 2011, the Defendant again committed the instant crime, and that it was disadvantageous to the point that the damage was not recovered.

On the other hand, the fact that the defendant makes a confession of his mistake and reflects it, the fact that the defendant has no previous conviction or more than a suspended sentence is favorable, and the sentencing conditions as shown in the records and arguments are determined as the same as the disposition.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 to the relevant agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the preventive effects of sexual crime subject to registration that can be achieved due to such order, and the protection effect of the victim.