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(영문) 전주지방법원 2019.07.17 2018고단2628
강제추행
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. At around 00:40 on August 31, 2018, the Defendant committed an indecent act against the victim B by compulsion by force against the victim B, by drinking the victim B (the victim 22 years old), who is under the influence of alcohol, with his/her intention to force indecent act by force, on the road of “D” located in Yansan-gu Seoul Metropolitan City, an arm’s length, and by drinking the victim B (the victim 22 years old), who is under the influence of alcohol.

2. On August 31, 2018, around 00:45, the Defendant committed indecent act by compulsion against the victim E at the place specified in the foregoing paragraph (1), and the victim E (the victim E, 25 years of age) at the same time committed indecent act by force on the part of the Defendant. While under the influence of alcohol, the Defendant committed indecent act by compulsion against the victim by force on the part of his/her hand with the victim’s intent to commit indecent act by compulsion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made in relation to B, F, and E;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which constitutes a sex crime subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 competent agency pursuant

For the defendant exempted from the disclosure order, notification order, and employment restriction order, the fact that the registration of personal information and the completion of the sexual assault treatment program can have the effect of preventing recidivism even, and that the defendant's age, occupation, content and motive of the crime, method and consequence of the crime, seriousness of the crime, disclosure order, notification order, and notification order.

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