logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.09.21 2018고단376
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On December 13, 2017, around 21:48, the Defendant committed an indecent act by coercioning the victim’s sexual organ with the victim’s pro-friendly D and the victim E (24 years old) when they met with each other, in the frequency of “” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Each police statement made to E and F;

1. A report on investigation;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. In light of the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted (the fact that the risk of re-offending is low in light of the details and circumstances of the crime, the fact that there is no record of punishment for the same crime, the fact that the registration of personal information and the order to complete a sexual assault treatment program is expected to have the effect of preventing recidivism, and other circumstances, such as the defendant's age, environment, occupation and benefit expected by the order to restrict employment, the effect of preventing sex crimes, and the disadvantage and anticipated side effects of the defendant

I think)

Although the accused's indecent act on the grounds of sentencing seems to have suffered a considerable sense of sexual humiliation due to the indecent act of the accused, the punishment for the crime is not easy because it did not reflect the seriously while denying the crime.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant has no record of punishment for the same crime, the degree of indecent act, and the sentencing conditions shown in the records, such as the age, sex, and environment of the defendant.

Where the conviction of this case becomes final and conclusive, 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.

arrow