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(영문) 서울동부지방법원 2017.09.01 2017고단1585
준강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant, along with the members, including the victim E (n, 27 years of age), who became aware of through “D”, had a single meeting while drinking alcohol in G penta-gun F in Gyeonggi-gu.

On April 29, 2017, around 23:30 on April 29, 2017, the Defendant discovered that, within one half of the above Gpenta, the victim was drunk and was locked by reporting the wall side, and subsequently, she spared the victim's chest by using the victim's chest, and she was spared by using the victim's bridge.

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 H’s written Acts and subordinate statutes;

1. Relevant Articles 299, 298, and 298 of the Criminal Act concerning the crime (the fact that it is an contingent crime committed under the influence of alcohol, the degree of conduct of the crime is minor, and the place of the crime is open to the general public where all members are able to go to commit a serious sexual crime, taking into account that there is no possibility that any member may go to commit a more serious sexual crime);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, which constitutes a sex offense subject to registration, 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc.

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