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(영문) 수원지방법원 안양지원 2018.01.12 2017고단912

강제추행

Text

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

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

Reasons

Punishment of the crime

Defendant: (a) From June 14, 2016 to August 29, 2016, the Nam-gu Incheon National University of Arts;

In the Incheon detention house B located in 30, the victim was detained together with the victim C (23 , 3). On July 2016, the victim committed an indecent act by force against the victim by rhing the victim from the side of the defendant on his/her own locked to the defendant from the side of the defendant on his/her own locked, on his/her own hand, using the victim's her her mbbbbbbbbs and the part of the buck.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Article 334(1) of the Criminal Procedure Act provides that the sentencing of a criminal defendant under Article 334(1) of the Criminal Procedure Act is less than that of a crime in light of the background and details of the crime, the circumstances after the crime, etc., but the fact that there is no history of a sex crime, etc., and that various sentencing conditions, such as the age, sex, occupation, etc. of the defendant are taken into consideration. Where a conviction of the defendant against the crime in the judgment that constitutes a sex crime 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,

In light of the Defendant’s age, occupation, 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 preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the punishment of a sexual crime shall be taken into comprehensive consideration.