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(영문) 서울중앙지방법원 2017.11.30 2017고단4945
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 10, 2017, the Defendant: (a) around 21:35, around 2017, the Victim D (In this case, the indictment for 18 years of age is written as 28 years of age, but it is correct because it is written as 28 years of age); (b) around 21:35, the Defendant her walked the crosswalk prior to Gwanak-gu

The left side of her her son's son's son's son's son's son's son's son's forced indecent act against

Summary of Evidence

1. Statement made by the police against D;

1. The criminal place;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 of Article 334(1) of the Criminal Procedure Act is the first offender with no record of punishment.

The defendant seems to have influenced the crime of this case due to intellectual disability.

It seems that the victim seems to have caused a great sense of shame, etc. to be a young student.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, degree of prosecution, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.

Where a conviction of a defendant is finalized on the criminal facts 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 43 of

In light of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the punishment of sexual crimes shall be imposed.

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