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(영문) 대전지방법원 2017.05.17 2016고단3516
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

The Defendant, as the ship of the same university as the victim B (V, 19 years of age), is attending the same academic year as the victim after returning to the university.

On April 9, 2016, the Defendant, at around 03:00 on April 9, 2016, talked with the victim’s male-child room in Daejeon-dong, Daejeon-dong, and talked with the victim’s and the victim’s male-child room in a drunken state.

In addition, the victim's indecent act was committed by force by force, such as putting the victim's fingers into a bend, holding the victim's chests and the part of the victim's chests, holding the victim's fingers, holding the victim's fingers, holding the victim's fingers more than 4-5 fingers by forceing the victim's grandchildren.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of D;

1. Application of statutes on site 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Considering the fact that the sentencing of Article 334(1) of the Criminal Procedure Act is not good in light of the type of crime for the reason of sentencing, and that the victim wants to punish the defendant, disadvantageous circumstances are considered.

Considering the fact that crimes are divided and reflected, and that there is no record of criminal punishment, the circumstances favorable to the fact that there is no record of criminal punishment.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

Where a conviction becomes final and conclusive on the facts constituting the crime in which personal information is registered, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43

The Defendant’s age, occupation, risk of recidivism, and the instant case, exempted from the disclosure or notification order.

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