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(영문) 수원지방법원 안양지원 2019.07.24 2019고단171
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

[Criminal Power] On November 20, 2018, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint violence) in the Gyeyang Branch of the Suwon District Court on November 20, 2018 and the judgment became final and conclusive on November 28, 2018.

【Criminal Facts】

1. On May 9, 2018, at around 19:00 on May 19, 2018, the Defendant committed an indecent act against the victim C (the 25-year old age), who was drinking in the B apartment near the Gyeonggi-si B apartment, by stating that “I would know about the 25-year age”, by hand, the Defendant committed an indecent act against the victim by force on several occasions.

2. The Defendant, around 17:00 on May 16, 2018, talked with the victim in carpet E located in Gwanak-gu in Seoul Special Metropolitan City, Seoul, about 17:00.

The victim's "Min-Do" caused the victim to commit an indecent act against the victim by force on the left side and buckbucks with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Submission of data on evidence of victims (G replacedation);

1. Previous records of judgment: Application of the defendant's legal statement, criminal history records, and one copy of judgment to the court;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 22,500,000;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

Unfavorable circumstances: Each of the crimes of this case committed by the defendant is limited to the defendant's arms and buckbucks.

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