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(영문) 춘천지방법원 2013.12.03 2013고단922

준강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On July 31, 2013, the Defendant: (a) around 01:30 on July 31, 2013, in the building C, which was located in Gangwon-gun B, and (b) while drinking alcohol together with the victim D (nick, 28 years old); (c) was under the influence of alcohol, he was fluencing his finger into the side of the victim, thereby gathering his finger, and the chest was allowed several times.

Accordingly, the Defendant committed indecent act by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, E, and F;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 299 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds under Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant has no record of criminal punishment, the defendant does not want the punishment of the defendant under an agreement with the victim, and the defendant has other circumstances shown in the oral proceedings of this case, including character, conduct, environment and health conditions of the defendant, shall be determined as ordered by taking into account equally the following circumstances.

Where this judgment becomes final and conclusive on a defendant who is obligated to register personal information and submit such information, the defendant shall be a person subject to registration of personal information pursuant to Articles 42 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the chief of the competent police station within 30 days from the date

The defendant's age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.