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(영문) 대전지방법원 서산지원 2017.12.01 2017고단627
강제추행
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 February 4, 2017, at around 01:30, the Defendant: (a) viewed the victim E (the victim E, 48 years of age, household name) who is the owner of the business at Seosan City, Seosan City, as drinking alcohol on the table; (b) moved the victim to the victim’s side, and rhumbbbbbs on the part of the victim; and (c) called “Is the victim”, and (d) said that “Is the victim would dump.”

“In addition, the victim’s buckbucks were released by the second hand of the ppuri, and the victim’s bucks were forced to commit indecent acts.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of internal investigation reports, field photographs and suspect photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Although Article 334(1) of the Criminal Procedure Act denies the crime for sentencing of Article 334(1) of the Criminal Procedure Act, the degree of criminal conduct is not relatively more severe, and there is no same criminal record.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on the facts constituting the crime of sexual assault crime to be registered and submitted, the accused 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 same Act.

The defendant's age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effects of sexual crime subject to registration that can be achieved due to such order, and the protection effect of the victim.

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