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(영문) 전주지방법원 2017.07.07 2017고단825
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

On March 30, 2017, the Defendant: (a) around 4:05, at the Fju point operated by the Victim E (name, E, 51 years of age) in Yansan-gu, Jeonju-si, the Defendant forced the Victim to drink as a customer; (b) to drink as a customer; (c) to collect the Victim’s chest with the victim’s inner part; and (d) to collect the Victim’s chest, and to make the Victim’s her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Complaint;

1. Application of each statute on photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. The degree of exercise of tangible power is not easy for reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, etc.

The favorable circumstances include the fact that the defendant recognized all of the crimes of this case, that the victim wants the defendant's wife by agreement with the victim, that the defendant did not have any record of criminal punishment for the same kind of crime, and that there was no record of criminal punishment other than the fine imposed once due to the crime of this case.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, and exemption from the disclosure order or notification order.

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