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(영문) 서울서부지방법원 2018.06.20 2018고정46
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On October 17, 2017, around 08:40 on October 17, 2017, the Defendant committed an indecent act against the victim’s will against the victim, i.e., “S., why the victim gets out of the country, how much the victim would be available.” while the victim was avoiding himself, the Defendant committed an indecent act against the victim’s will, such as kiding the victim by using a double arms, and kiding the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (Attachment to Table 112 for the Handling of Reports);

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. When a conviction of a sex offense subject to registration becomes final and conclusive on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act that the Defendant denies and does not reflect the instant crime, and on the grounds that he/she is subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, in consideration of all of the following circumstances, including the Defendant’s age, sex, career, home environment, motive for committing the instant crime, circumstances after committing the instant crime.

In light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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