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(영문) 대전지방법원 천안지원 2017.07.07 2017고단1028
준강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 05:00 on December 29, 2016, the Defendant: (a) performed drinking at a workplace Dong D’s house located in the Northern-gu C Office Office No. 814, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, with the victim E (a person under 18 years of age) who met the drinking at the age club; (b) reported that the victim was locked up on the floor by drinking, and was able to commit an indecent act by using a state where the victim is unable to resist; and (c) took off all the panty and panty ties of the victim; and (d) kid the victim’s shoulder and her panty, she laid down the victim’s shoulder while entering the victim’s name; and (d) added the sound to the victim’s booming.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs by reporting 112 to a course;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. In a case where a conviction becomes final and conclusive on the facts constituting a crime subject to the registration of personal information in consideration of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is the form of the crime, the degree of the conduct of the crime, the first offense, the anti-sex, the agreement with the victim, and the agreement with the victim, the 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 thus, the person subject to registration of personal information is obligated to submit personal information to the competent agency

The age, occupation, risk of recidivism, contents 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 of the sexual crime subject to registration that can be achieved due to such problems, and the effect of protecting the victims.

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