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(영문) 서울서부지방법원 2019.09.04 2019고정386
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 February 17, 2019, at around 08:00, the Defendant committed an indecent act against the victim by force, on his own hand, due to the defect that the victim D(n, 25 years of age) in front of the Defendant attempted to go out of stairs from the stairs of the 'C' club in Mapo-gu Seoul underground 1st century.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order shall be determined as ordered in consideration of the following circumstances and other various sentencing conditions, including the defendant’s age, character and conduct, and environment.

A favorable circumstances: The defendant is against his will to recognize his own crime.

There is no criminal power for the defendant.

Receiving a letter from the victim.

Unfavorable circumstances: The part or degree of indecent act is not easy.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, the accused 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 is obliged to submit personal information to the head of the relevant agency pursuant to Article 4

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the defendant's age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, seriousness of crime, criminal records, disclosure order and notification order, degree and anticipated side effects of disadvantage to be borne by the defendant due to the order of disclosure order and notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim, etc.

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