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(영문) 춘천지방법원 강릉지원 2017.11.30 2017고정285
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 8, 2017, the Defendant, at around 23:30, committed an indecent act by force against the victim, on the part of the Defendant, who was seated in the front seat immediately before the Defendant, while under the influence of alcohol, in the Cuk-dong bus operating on the 2-dong Highway No. 1733 at around 23:30, in the middle of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Investigation report (or relative investigation of bus drivers);

1. Application of Acts and subordinate statutes to a report on investigation (for the statement of a wooden shot person);

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of recidivism, details and details of the offense, method and seriousness of the offense, seriousness of the crime, crime record, disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant may suffer, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, it is not ordered to disclose or notify the defendant.

Considering the fact that the reason for sentencing is divided and that the degree of conduct is not serious, etc.

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