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(영문) 수원지방법원 성남지원 2018.06.29 2018고단701

강제추행

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On March 8, 2017, the Defendant committed an indecent act by force on the following occasions: (a) in the D Building Elevator at a large scale of 22:30 on March 8, 2017: (b) in the elevator, in order to report the victims E (the age of 47) in the elevator and to commit an indecent act; and (c) in response to the victim’s right chest, the Defendant committed an indecent act by force

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on field photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime without any prior knowledge even though one year has passed since the completion of the execution of the sentence due to insult, etc., the Defendant committed the instant crime is extremely unfavorable to the Defendant.

However, in light of the fact that the defendant has no criminal record for the same kind of crime, the confession of the crime of this case, and the attitude against the defendant is shown, the degree of conduct is not very serious, and the victim has expressed his intention not to punish by the agreement with the victim, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.

When a conviction on a crime of forced indecent act 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 head of the relevant agency pursuant to Article 43

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 order or notification order, the degree and expected side effects of the defendant's disadvantage due to such order, prevention of sex crimes subject to registration and effects of protecting the victims, etc. shall be comprehensively taken into account.