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(영문) 광주지방법원 2018.02.02 2017고정1505
준강제추행
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

On May 24, 2017, at around 05:30, the Defendant committed an indecent act against the victim by taking up the victim E (V, 31 years of age) who was divingd within the knife, Seo-gu, Seo-gu, Gwangju, 11th floor D, and knife the victim E (V, 31 years of age) on the side of the female.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on internal investigation (related to video recording of CCTVs at crime scene) and application of Acts and subordinate statutes to investigation report (related to telephone conversations with victims);

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

The punishment is imposed as ordered in consideration of the circumstances that form the conditions of sentencing as shown in the records, such as the circumstances and degree of conduct, age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

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