beta
(영문) 광주지방법원 2018.10.17 2018고단2279

준강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 03:00 on April 29, 2018, the Defendant was aware of friendly B and her, in a single mine district of Gwangju-si around 03:00

C. When we drink both alcoholic beverages with the victim D(n, 23 taxes) and drink the alcoholic beverages, the studio of the victim in Gwangju Mine-gu E-gu in the vicinity of around 06:00 on the same day, all of the studio of the E-gu in Gwangju, Gwangju, where around 06:00 on the same day, and the victim was able to resist by taking advantage of the victim's kids, putting the defendant's hand into the victim's panty, and panty throth above the victim's sound was committed by indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on G dialogue data;

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

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 degree of indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act does not be somewhat weak is an unfavorable circumstance.

A punishment shall be determined as ordered by taking into account the following circumstances: (a) the defendant's mistake is recognized and reflects the defendant's mistake; and (b) the victim et al. are likely to sleep in the same place and to result in the crime of this case in contingency; (c) there is no previous conviction except for the same criminal record and a fine once for violent crimes; and (d) there is no previous conviction other than the defendant's age, sexual conduct, motive and means of the crime; and (e) the circumstances after the crime, etc., during the trial process

Where a conviction of a defendant is finalized on the criminal facts 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 43 of

The defendant is exempted from an order to disclose personal information;