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(영문) 의정부지방법원 고양지원 2017.09.12 2017고단2032

준강제추행

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 June 3, 2017, at around 00:30, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss by taking advantage of the victim’s knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the punishment;

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act include the background and degree of the instant indecent act on the ground of sentencing, the considerable mental suffering suffered by the victim, the fact that the defendant did not receive a letter from the injured, the fact that the defendant recognizes and reflects the crime, the fact that there is no record of crime, the defendant's age, sexual conduct, environment, motive and consequence of the crime, and all the sentencing conditions indicated in the arguments and records of the instant case, including the circumstances after the crime, shall be determined in full view of the following factors.

When a conviction on a crime in the judgment that is a sex offense 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, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, risk of repeating a crime, motive, progress 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 of a sexual crime subject to registration which can be achieved due to such order, the effect of protecting the victim, etc. shall be considered comprehensively.