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(영문) 서울서부지방법원 2019.10.16 2019고단2095
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

On December 16, 2018, at around 05:00, the Defendant committed an indecent act against the victim’s will against the victim’s will by forcing the victim to use his/her left her maret by using them below, after the victim D (name, mar, age 24) who danced in the “C” club located in Mapo-gu Seoul, Mapo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the written statement of prosecutor to D;

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

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order shall be determined as ordered in consideration of the following circumstances and other various sentencing conditions, including the defendant’s age, character and conduct, and environment.

A favorable circumstances: The defendant is against his will to recognize his own crime.

There is no criminal power against the defendant.

Unfavorable circumstances: The part or degree of indecent act is not easy.

There is no evidence to deem that the victim was unable to receive a letter from the victim, and that the victim made a serious effort to receive a letter.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, the accused 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 obliged to submit personal information to the head of the relevant agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, details and circumstances of the crime, the method and consequence of the crime, seriousness of crime, criminal records, disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the employment restriction order, the prevention and effect of sexual crimes subject to registration which can be achieved, the victim protection effect, etc.

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