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(영문) 전주지방법원 2017.06.09 2017고단607
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 6, 2017, the Defendant: (a) discovered the victim E (one-year-old, 19 years-old) who had sought a book at the D book stores located in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) and (c) followed the passage, and (d) committed an indecent act by force against the victim in a way that the victim’s left knife knife knife knife knife knife knife k

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to photographs of crime scene;

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. There is a fact that the injury has not been recovered due to the unfavorable reasons for sentencing in Article 334(1) of the Criminal Procedure Act, which is the Criminal Procedure Act of the Provisional Payment Order.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the degree of exercise of tangible power and the degree of indecent act, and the defendant has no record of criminal punishment due to the same kind of crime.

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 age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the subject of registration that can be achieved due to it.

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