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(영문) 서울북부지방법원 2018.01.11 2017고단3954

강제추행

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On June 4, 2017, around 03:12, the Defendant: (a) while a house located in Seongbuk-gu Seoul Metropolitan Government is hidingly in the alleyway, the Defendant reported the victim D (n, 19 years of age) who was married, and followed the victim D (n, 19 years of age) who was married; (b) was the victim of the victim who returned to the victim, who was able to return to the victim by her hand, committed an indecent act by forcing the victim by force.

2. On August 20, 2017, around 22:00, the Defendant was committing a self-defense act by hiding the house located in Seongbuk-gu Seoul Metropolitan Government heading on the alleyway. On the other hand, the Defendant continued to engage in a self-defense act by reporting the victim E (n.e., female, 40 years of age) who was mixed with the victim, and followed the victim, put the victim into the victim’s knife in the part of the victim’s knife after the victim’s back, and committed an indecent act by force against 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 and E;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.