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(영문) 서울동부지방법원 2017.01.13 2016고단3828

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 22, 2016, around 01:30 on August 2, 2016, in order to dance at the location of the “C” located on the 1st underground floor in Gwangjin-gu Seoul Special Metropolitan City, and return to the seat with a tables, the Defendant forced the victim to use the victim’s right bucks from the victim’s right bucks to the part of the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement among the protocol of interrogation of the suspect against the defendant by the prosecution

1. Statement made by the police against D;

1. A E-document;

1. Application of the C CCTV Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Article 298 of the Criminal Act of the choice of punishment, and the choice of fines (it is not agreed with the victim, but considering the following factors: (a) the confession and reflect of the defendant's crime; (b) the degree of prosecution is relatively minor; and (c) the age of the defendant and the first offender who has no record of criminal records;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 of the same Act.

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc.