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(영문) 서울서부지방법원 2017.06.02 2016고단3301
강제추행
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

피고인은 2016. 8. 29. 18:19 경 서울 은평구 C에 있는 D 커피숍 옆 2 층으로 올라가는 계단에 쭈그려 앉아 있다 때마침 그 앞을 지나가는 피해자 E( 여, 23세 )를 보고 손을 뻗어 피해자의 왼쪽 엉덩이를 감 싸 쥐듯이 만져 피해자의 의사에 반하여 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. Unfavorable circumstances: Points that the degree of conduct does not be light and that the person does not receive a manual from the injured person, etc.;

1. favorable circumstances: The defendant is 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 a related agency pursuant to Article 43 of the same Act on the grounds that the conviction on the facts constituting a sex crime subject to registration becomes final and conclusive, such as the fact that he/she commits a mistake when it comes to this court, commits assault and intimidation to commit an indecent act, is not prior to assault and intimidation to commit an indecent act, the fact that he/she has no previous record of the same kind of crime and has no record of crime for the last twenty years or more.

When considering the Defendant’s age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., in a comprehensive manner.

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