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(영문) 서울남부지방법원 2016.04.29 2015고단5441
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 22:00 on November 24, 2014, the Defendant used the victim’s head by hand while drinking alcohol, such as the victim D (at the age of 27) who is a worker club in the workplace, and committed an indecent act by force against the victim, such as “the victim’s head appears to have been cut off,” and “the victim was responsible,” and “the victim was removed from the defendant and tried to do so,” and “the victim was forced to do so.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have a considerable sense of sexual humiliation of the victim due to the instant crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the victim’s wishing to punish the defendant is disadvantageous to the defendant, but considering favorable circumstances, such as the defendant’s time to commit the instant crime, and the defendant’s primary offender who has no criminal record, the defendant’s age, sex behavior, motive, means and consequence of the instant crime, and the conditions of all the sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., as a whole, shall be determined as per the order

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 defendant's age, occupation, risk of recidivism, type of crime, and exemption from the disclosure order or notification order.

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