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(영문) 창원지방법원 마산지원 2018.04.18 2018고단193

강제추행

Text

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, around 00:40 on October 22, 2017, called “D main point” located on the first floor of Changwon-si, Changwon-si, Changwon-si C, Changwon-si, the Defendant, having talked with the victim E (the 39 years of age) and drinking through the other side, she was suffering once from the victim’s right-hand buck, and she was suffering from the victim.

“The victim, despite his speech, committed an indecent act by force against the victim by taking the victim’s face by hand, and by taking the victim’s face into the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (to determine that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime);

Application of Statutes

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act was not reached in agreement with the victim.

The defendant, while denying a crime in an investigative agency, has recognized the crime in this court.

In addition, considering the defendant's age, circumstances leading up to the crime, and the fact that it seems that the agreement was not reached because the victim did not contact with the victim, and that there was no record of the same kind of crime or serious crime, the punishment as the order shall be determined.

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 relevant agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results and seriousness of crime, order of disclosure or disclosure.