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(영문) 서울남부지방법원 2017.12.13 2017고단4842
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 April 12, 2017, at around 22:05, the Defendant: (a) had the victim E (the 33 years of age) who was scaming in the 5th floor of the 5th floor in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and had his sexual organ met with the victim E (the 33 years of age), but had the victim forced the victim to commit an indecent act against the victim of the defect intending to go in the room while refusing it; (b) had the victim taken the arms of the victim; and (c) had the victim “the scam in the forum scam scam scam scam scam scam scam scam scam scam scam scam sc

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is not that the part and degree of indecent act by the defendant putting his hand in the victim's clothes and drinking his breasts.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession of his/her mistake and reflects, that the defendant has agreed with the victim at the investigation stage, that there is no previous record of sex offense and there is no criminal record of suspended execution or more, and that there is no record of

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 relevant agency pursuant to Article 4

The age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order is expected to be disadvantageous to the defendant due to the exemption of the disclosure order or notification order.

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