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(영문) 서울중앙지방법원 2016.04.15 2015고단8318
준강제추행
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 30, 2015, around 07:00, the Defendant sent back the victim’s clothes to the right side of the victim by using the state of resistance impossibility that the victim was able to enjoy in the side, and putting the victim’s fingers in the pande of the victim’s pande in the pande of the victim’s pande.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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. If a conviction on a sex offense subject to registration of personal information in light of all the elements of sentencing, including the Defendant’s age, sexual conduct, occupation, family relationship, motive and circumstance after the crime, is confirmed, 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 thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

When comprehensively considering the defendant's age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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