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(영문) 의정부지방법원 고양지원 2016.07.20 2016고단1285

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

On May 11, 2016, the Defendant, as soon as possible before the elevator parking lots of the second underground floor located in Ilsan-gu, U.S., U.S., Si around 00:30 on May 11, 2016, caused the victim D (V, 46 years of age) who was living in the vicinity of the center and caused the victim to commit an indecent act by force.

Accordingly, the Defendant had access to the victim who is well aware of her lusium and expected to be on the wall, and had her slick part twice slicked, and had her her slicked twice in his her her sensl with his her her sensl, thereby committing indecent act by force.

Summary of Evidence

1. Statement made by the police against D;

1. Application of CCTV Acts and subordinate statutes;

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. It is not good that the defendant committed an indecent act on two occasions on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, on the one hand, on the other that the defendant helps a victim, has committed an indecent act. The defendant is obliged to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in a case where a conviction becomes final on the facts constituting a sex crime subject to registration and submission of personal information, taking into account all of the factors of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relation, motive, means and consequence of the crime, and circumstances before and after the crime.

The defendant's age, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved due to such order, and the victim.