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(영문) 대전지방법원 서산지원 2020.05.13 2019고단1209

강제추행

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 21, 2019, at around 01:00, the Defendant committed an indecent act by force against the victim, such as: (a) the victim D (the victim’s name, buck, and 24 years old)’s bucks that were singing at the “C” singing room located in Thai-gun B; (b) holding the victim in his hand the bucker, who was suffering from the victim, and getting off the part of the victim’s scam, out of the victim’s scam.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act and Article 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, the risk of recidivism, the motive and method of committing the instant crime, the method of committing the instant crime, the disclosure order, the anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the degree and anticipated side effects of the Defendant’s disadvantage due to the order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to six months of imprisonment with prison labor for special larceny, etc., and committed the instant crime during the suspended execution period.

Considering the method of indecent conduct, it is not good to commit a crime.

However, it shall be considered in favor of the defendant, such as the fact that the defendant recognized his mistake, and the fact that the defendant agreed with the victim.

In addition, the defendant's age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime.