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(영문) 서울중앙지방법원 2017.03.31 2016고단9138
강제추행
Text

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

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

Reasons

Punishment of the crime

around 04:00 on September 4, 2016, the Defendant, as a member of the same service organization in D’s pentae in Namyang-si, Namyang-si, Inc., committed an indecent act by forceing the victim by putting the victim’s face and face into the body of the pentath, making the victim’s chest into the body of the gate, making the victim’s chest into the body of the gate, and putting the victim’s chest into the body of the gate, making the knife into the knife, and putting the knife into the body of the knife, making the knife into the knife, and putting the knife into the body of the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 Article 334(1) of the Criminal Procedure Act where the defendant was under the influence of alcohol and the nature of the crime is not good;

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the first offender, the fact that the defendant agreed smoothly with the victim, the age, sex, and environment of the defendant, shall be determined in consideration of all of the sentencing conditions stipulated in Article 51 of the Criminal Act.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim.

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