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(영문) 광주지방법원 2018.10.17 2018고정893

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A In January 1, 2018, at the office of Gwangju-gu, Gwangju-gu, Gwangju-do, where he had a mobile phone counseling service for the defendant, committed an indecent act by force, such as taking the hand of the victim E (a person, a person, 20 years of age) who was holding a mobile phone counseling service, and stating that "the hand is a bad, a person, a young, and a young, who is good for the young," and taking the hand of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E (victim);

1. Application of the F photographic Acts and subordinate statutes to the victim sent by the victim;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant acknowledges his/her mistake; the defendant is the primary offender; the defendant agrees with the victim; unfavorable circumstances: the defendant commits an indecent act against the victim as stated in the facts constituting an offense; sent a text message stating that he/she will send his/her picture to the victim; and the bridge is deemed to be bad.

Where a conviction of the accused against the criminal facts stated in the ruling that he/she should file for the registration and submission of personal information by sending F message, etc. becomes final and conclusive, the accused 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 same Act.

In light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.