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(영문) 서울서부지방법원 2018.04.27 2018고정250

강제추행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 14, 2017, around 22:53, the Defendant forcibly committed an indecent act by forcing the victim to commit an indecent act by inducing the victim D (32 years of age) who had been drinking in the next place of alcohol at “C” alcohol house located in Mapo-gu Seoul Metropolitan Government, and by inducing the victim’s body (32 years of age) to do so.

2. The Defendant, at the above date, at the above time and place, sold the victim’s face one time by drinking the victim, when the victim resists her her her son with his her her son.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (CCTV investigation and deposits suspected of assault by the injured party);

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. If a judgment of conviction on the crime of indecent act committed in the judgment that is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive of crime, method of crime, seriousness of crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.