(영문) 서울남부지방법원 2019.06.12 2019고단1017

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(영문) 서울남부지방법원 2019.06.12 2019고단1017

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 December 28, 2018, around 23:30 on December 28, 2018, the Defendant forced the victim to commit an indecent act by taking the hand of the victim D (the age of 23) who was spared with male-gu and sparedly in the direction of the 5-3 platform of the new village of the Mapo-gu Seoul metropolitan subway 2.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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

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. Even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of having been sentenced once to a fine for the same kind of crime, recidivism is unfavorable; however, the defendant recognized the crime of this case and reflects it; the victim does not want the punishment of the defendant; when compared with other cases, the degree of indecent act is not much serious when compared with the defendant's age, character and behavior, family environment, etc., the punishment is determined as ordered by taking into account all the conditions of sentencing under Article 51 of the Criminal Act, including the defendant's age, character

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

In full view of the following circumstances: (a) the Defendant’s age to be exempted from the disclosure and notification order and the employment restriction order; (b) the type and details of the offense; (c) the process of the offense; (d) the social interest expected by the disclosure and notification order and the employment restriction order; and (e) the prevention effect of sexual crimes; and (e) the disadvantage and anticipated side effects of the Defendant, etc., the disclosure and notification of the

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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