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(영문) 서울남부지방법원 2017.11.29 2017고단4466
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On April 2017, the Defendant: (a) reported on April 2017, 2017, a victim E (n, 22 years of age) who walked the passage from DPC room located in Gangseo-gu Seoul, Gangseo-gu, Seoul, to the victim E (n, e.g., the age of 22). On the part of the computer, the Defendant forced the victim to commit an indecent act by going to the victim’s left hand, going to the direction coming from the seat of the computer, and going to the victim’s left hand; and (b) going to the victim’s left buckbuck.

2. On May 4, 2017, the Defendant: (a) reported on May 4, 2017, at the place of the preceding port on May 17:30, 2017, that the injured party, who was her part-time, walked a passage; (b) committed an indecent act by force against the victim by putting the victim’s left hand on the face of the computer, going to the face of the victim; and (c) putting the victim’s left hand out to the outside part of the victim’s left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to investigation reports (field investigation, etc. into crimes);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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 is that the Defendant was sentenced to six months of imprisonment with prison labor for larceny on July 3, 2014, and completed the execution of the sentence on January 30, 2015, and then committed the instant crime during the period of repeated crime, and that the damage has not been recovered is an unfavorable circumstance.

On the other hand, the fact that the defendant led to the confession and reflect of his mistake, the fact that the person with a disability of grade 3 with intellectual disability is making it difficult for him to neglect without his family, the fact that there is no record of sex crime is advantageous circumstances, and the sentencing conditions in the records and changes theory are considered, and the punishment is determined like the order.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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