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(영문) 청주지방법원 2017.01.05 2016고단1345
강제추행
Text

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

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

Reasons

Punishment of the crime

On March 7, 2016, at around 23:20, the Defendant committed an indecent act on the part of the victim E (man, name) who sing in the second floor of the “D” car page located on the sixth floor of the Cheongju-si building C, Cheongju-si, by using the two descendants following the victim E (man, name) who singing in the singing, and by using the hand, the Defendant committed an indecent act on the part of the victim's chest and a part of the finger.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Application of statutes on respective statements made by the prosecution and police to E;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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 contents and degree of the indecent act committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by taking into consideration all the sentencing conditions stated in the instant pleadings, including the contents and degree of the indecent act committed on the grounds of sentencing, background leading up to the prosecution, agreement with the victim, contingent crimes, and no previous conviction

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the competent agency as prescribed in Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

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