beta
(영문) 수원지방법원 여주지원 2018.05.15 2018고단330

준강제추행

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 30, 2018, the Defendant: (a) reported the victim D( South, 20 years of age) who was living in the fourth floor of “C Sarina, Echeon-si B” on the fourth floor of the Gyeonggi-si. On January 30, 2018; and (b) recorded the victim’s sexual organ with panty, filled the victim’s finger with his hand, knife his finger, knife his finger, and knife the victim’s finger, and knife the victim’s grandchildren.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (Submission of suspect agreements, etc.);

1. Article 299, Article 298 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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 fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has a record of being punished by a fine for the same kind of crime around 2006 shall be considered in an unfavorable circumstance.

However, consideration shall be given to the favorable circumstances, such as the fact that the defendant is dead and in depth, the fact that there is no record of punishment other than the records of the above punishment, and that there is an agreement with the victim.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, and circumstances after the crime, shall be determined by comprehensively considering all the sentencing conditions.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information 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 concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, 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 which can be achieved due to such order, and the protection effect of the victim.