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(영문) 의정부지방법원 고양지원 2018.03.29 2017고단3588

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

B and the victim B (n, 19 years old) are all known to each other.

On October 28, 2017, around 22:39, the Defendant committed an indecent act against the victim by forcing the victim, who is an employee of convenience store, in front of the 1st floor D convenience store of the Seo-gu Incheon Metropolitan City building C, Seoyang-gu, Incheon Metropolitan City, to commit an indecent act on the part of the victim, by finding the key of his vehicle on a simplified table outside the convenience store, by borrowing the reason that he is in the king of the Republic of Korea, and by taking the reason that he is in the king of the Republic of Korea, the Defendant forced the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of two Acts and subordinate statutes to CCTV video CDs in crime scene;

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 the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. The punishment of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is less than that of the estimated conduct that has been repeated on several occasions;

subsection (b) of this section.

However, the defendant shows the attitude to recognize and reflect the crime, and there is no history of punishment except for the crime of violating the Road Traffic Act once a fine is imposed.

In addition to these circumstances, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the records, such as the background, result, age, sex, environment, etc. of the crime.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure or notification order, and the extent and consequence of the disadvantage of the defendant suffered.