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(영문) 의정부지방법원 고양지원 2016.06.15 2016고단972
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 25, 2015, at around 05:30, the Defendant committed an indecent act against the victim by reporting the victim D (son, 29 years of age) who was divingd on the floor at the “C Syleba” water surface room located in Pariju City B, and by drinking the victim’s sexual organ on the side of the victim, taking advantage of his/her mental and physical loss and taking advantage of his/her mental and physical loss.

2. The Defendant continuously committed an indecent act against the victim by taking advantage of mental and physical loss by taking advantage of the victim’s sexual organ part of the victim’s sexual organ in the same manner as the above 1. Paragraph 1, after taking advantage of the victim’s victim E ( South and North, his age, who was divingd by the above D in the same manner as the above 1. Paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing D police statements;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 37 and 38 (1) 2 and 50 of the Criminal Act to increase 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act shows that the defendant deposited a certain amount on behalf of one of the victims, and took the attitude of reflecting his/her wrongness, the defendant has no criminal record of the same kind of offense. In other cases where a conviction becomes final and conclusive on the facts constituting a sex offense on which he/she must register and submit personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, inasmuch as the defendant is a person subject to registration of personal information under Article 43 of the same Act, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, risk of repeating a crime, details and motive of a crime, method of committing a crime, seriousness of the crime, and order of disclosure of personal information shall be exempted.

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