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(영문) 창원지방법원 거창지원 2018.12.19 2018고단283
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 25, 2018, the Defendant committed an indecent act by force on the part of the victim, on one hand, at a golf course C, located in 07:30 around 07:0 on August 25, 2018, and following the victim D (n, 22 years of age). The Defendant met the victim's right chest on two occasions, and the right chest upper part of the upper part of the upper part of the upper part of the upper part of the road was only one time and was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the prosecutor with respect to D;

1. Application of Acts and subordinate statutes of attached Table 1 to the treatment of cases subject to investigation reports (in-depth change), investigation reports (in-depth change), and 112 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the attitude that the defendant does not properly recognize his/her responsibility during the investigation process, and the defendant committed an indecent act against the golf course capital in his/her relationship with himself/herself, a customer under the social common sense.

However, there are also factors to be considered such as the fact that the victim does not want the punishment of the defendant, the defendant recognized his own crime in this court, and the defendant has no criminal record of the same kind and has no criminal record of the suspension of execution.

In addition, various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing as shown in the previous theories, shall be comprehensively taken into account.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 obligated to submit personal information to the head of the competent police office pursuant to Article 43 of

An order of disclosure, notification, and employment restriction order shall be exempted.

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