(영문) 서울남부지방법원 2017.06.16 2017고단300

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(영문) 서울남부지방법원 2017.06.16 2017고단300

강제추행등

Text

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

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

Reasons

Criminal facts

At around 00:25 on December 8, 2016, the Defendant: (a) committed an indecent act by force against the victim’s face on the part of the victim, with a defect that the victim, while working in the Esing room operated by the victim D (W, 38 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, was going beyond the stairs near the sing entrance, and the victim, who attempted to get out of the victim, intends to bring the victim’s left arms to the victim’s arms; (b) brought the victim’s face to the victim’s arms; (c) brought the victim’s shoulder to the sing part, and fright the victim’s chest and part into the victim’s chest and part; and (d) committed an indecent act on the victim’s face by forceing the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of CCTV Acts and subordinate statutes;

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. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria are not applied as the case was selected by a fine) of the Criminal Procedure Act is not easy to apply to the crime of this case, but the crime of this case is continuously committed an indecent act in the course of expressing the victim's behavior or dispute with the defendant, and the nature of the crime is not good, and the defendant appears in the investigative agency to avoid liability while denying the crime of this case.

However, in the case of this case, the punishment as ordered shall be determined by taking into consideration the following factors: (a) the defendant was committed at the latest by committing the crime of this case in this court; (b) the defendant was committed against the mistake; (c) the first offender was fully agreed with the victim; (d) the defendant's age, sexual conduct, environment; (e) the motive, means and consequence of the crime; and (e) all the conditions of the sentencing as shown in the records and arguments, such as

registration of personal information and.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제298조

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