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(영문) 의정부지방법원 고양지원 2018.03.29 2017고단3701

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 9, 2017, the Defendant, at around 14:16 on August 14, 2017, demanded the victim who returned home on the street in the front of C, to have a sexual intercourse several times with the victim, and committed an indecent act by inducing the victim's grandchildren who refused to remove the victim's chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of 1 film CDs in the face of an indecent act;

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 the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the time when the defendant committed a crime and reflects the sentencing; (b) there is no record of having been punished for a sexual crime or sentenced to a fine exceeding 500,000 won; (c) the circumstances and results of the crime; (d) the defendant’s age, intelligence, occupation, and environment; and (e) the punishment as ordered shall be determined

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the competent police office pursuant to

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, the type, motive, process, disclosure order or notification order of the instant crime, the degree of disadvantage the Defendant was placed, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant pursuant to the proviso to Article 50(1).