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(영문) 제주지방법원 2016.11.30 2016고단2286

준강제추행

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

At around 03:00 on August 22, 2016, the Defendant discovered that “D” located in the second basement of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, is diving, and discovered that the victim E (n't women and 39 years of age) is diving, the victim's chests are met in both hands, the victim's face is unfolded, and the victim's face is taken back several times, and the victim's kn's hand is taken up into the lower part of the victim's face, and made indecent act by force by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on CD reproduction;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In light of the following circumstances, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (a) recognized the facts of crime and reflects the determination of the sentence as ordered: (b) paid KRW 7 million to the victim; (c) the victim does not want criminal punishment against the defendant; (d) the first offender was committed; (c) the degree of indecent act is serious: In cases where this judgment becomes final and conclusive, the defendant is 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the above Act.

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, 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 of the victim.