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(영문) 서울서부지방법원 2018.12.19 2018고정1037
준강제추행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 25, 2018, the Defendant forced indecent act was assigned 306 Eelel 306 in Kimpo-si D with the victim C ( South and North name) after completing part-time work from B on February 25, 2018.

On February 26, 2018, the Defendant spanty of the victim, which was divingd at the above spanty of the victim at the above spanty, continued to enter the victim's panty, brought the victim's hand to the Defendant's sexual flag, and rhumd with the victim's clothes above the victim's sexual flag.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. On February 26, 2018, the Defendant forced indecent act committed an indecent act by force against the victim, on board a Lone Starsch Rexroth vehicle to move from the above accommodation to Kimpo-si B, and only caused buckbucks in order to force the victim to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

1. Articles 299, 298, and 298 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment (to be imposed in consideration of extenuating circumstances, such as the violation of one's mistake, the point of agreement with the victim, and the first offender);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the primary fact, the registration of personal information, and orders to complete sexual assault treatment programs) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an employment restriction order, is expected to have the effect of preventing recidivism, and other various circumstances, such as the defendant's age, environment, occupation, profits expected by an employment restriction order, and the effect of preventing sex crimes, the disadvantage

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