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(영문) 의정부지방법원 고양지원 2016.11.18 2016고단1482

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 4, 2013, the Defendant was sentenced to three years of imprisonment for the crime of bodily injury at the Goyang Branch of the District Court, and completed the execution of the sentence at the port prison on June 23, 2015.

On April 2, 2016, around 15:30, the Defendant committed an indecent act against the victim E (here, 60 years of age) who is waiting for her friendship in front of the Dondong-gu, Yongsan-gu, Mangsan-si, Goyang-si, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of F and G police statement;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification that they are in the period of repeated crimes)-related Acts and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case during the repeated crime period, but there is no previous conviction that the defendant agreed with the victim, and commits an indecent act is committed once, and the defendant suffers from a yellow disorder and is a disabled person of class V with a delayed functional disorder, etc., the defendant's age, occupation, character, personality and behavior, family relation, motive, means and consequence of the crime, and all of the sentencing factors indicated in the records, such as the situation before and after the crime, etc., if the conviction 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, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, the risk of recidivism, the details and motive of the crime, and the crime of exemption from an order to disclose personal information.