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(영문) 서울동부지방법원 2020.08.20 2020고단1906
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

The defendant and the victim B (the age of 28) came to know through a small group of about four years.

On April 19, 2020, at around 04:20, the Defendant moved the victim and drinking to the side of the victim while drinking the victim in Gwangjin-gu Seoul Special Metropolitan City, and he forced the victim to commit an indecent act by force by driving the victim's dysnife with the victim's dysiff.

Summary of Evidence

1. Application of CCTV-related Acts and subordinate statutes to police statements on the defendant's legal statement B;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The range of punishment by a fine not exceeding 15 million won;

2. Determination of sentence [Incompetence] of sentence for the crime of this case without being aware of the fact that the crime of this case is committed during the period of repeated crime due to the same kind of crime, and the liability for such crime is not easy.

【Egrative circumstances】 Recognizing the crime of this case, one is seriously against his wrong behavior.

It was agreed to recover the damage of the victim and smoothly.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the degree of indecent conduct, the age, character and conduct, the environment, the circumstances of the crime, the circumstances after the crime, etc., as shown in the arguments in this case.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information in accordance with 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 competent agency pursuant to Article 43

The defendant enters the military court due to the age of the defendant exempted from disclosure and notification order, risk of recidivism, motive and background of the crime, seriousness of the crime, disclosure order or notification order.

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