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(영문) 의정부지방법원 고양지원 2016.11.25 2016고단233

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the "E" customer in Mapo-gu Seoul Metropolitan Government D, and the victim F (the age of 19, the female) is the employee of the above main office.

On August 25, 2015, the Defendant, at the main point of "E" located in Mapo-gu Seoul Metropolitan Government D on August 25, 2015, committed an indecent act by force by the victim's her her her her her her her her her her her her her her her sens

Summary of Evidence

1. Each legal statement of witness F and G;

1. The application of CCTV video CDs [in a case where the statements of a witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other evidence showing credibility that it is objectively deemed objectively acceptable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Since the statements of the victim and witness are mutually consistent and are specifically stated in the course of witness and the process before and after witness witness and the reason behind witness, etc., the credibility of the statements is high]

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts stated in the judgment that constitute a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, taking into account all of the sentencing factors indicated in the records, such as the defendant's age, occupation, character, family relation, motive, means and consequence of the crime, etc., and the circumstances before and after the crime.

The defendant's age, the risk of recidivism, the details and motive of the crime, the method and consequence of the crime exempted from the personal information disclosure or notification order.