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(영문) 광주지방법원 2017.09.08 2017고단2443

강제추행등

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On January 14, 2017, around 07:40, the Defendant: (a) requested the victim E (the victim E (the victim 24 years old) who works for the tea delivery out of Gwangju, Seo-gu, Gwangju, to engage in sexual traffic; (b) but was refused to engage in sexual traffic; (c) the Defendant, by his own hand, committed an indecent act by force on two occasions, as the victim’s chest upper part of the chest was sleeped.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement protocol and statement protocol of each police with respect to damaged area E (tentatively named);

1. Application of Acts and subordinate statutes to investigation reports (related to telephone conversations in the Fercs delivery center);

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. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

The punishment is imposed as ordered in consideration of the circumstances that form the conditions of sentencing as shown in the records, such as the circumstances and degree of conduct, age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.