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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단605
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 February 10, 2017, around 23:50, the Defendant: (a) from the second floor C main office in Gyeyang-gu building B, Gyeyang-gu, Seoyang-gu; (b) taken the victim D (22 years of age, women) who had worked as an employee to force the victim to commit an indecent act; and (c) met the victim’s buckbucks by hand; and (d) sought to spuck the victim who had continued to be packed.

v. S.C.

Maz.

"In addition, as the victim was in charge of his chest, the victim was forced to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the circumstance and degree of the Defendant’s indecent act by force against the victim; (b) the fact that there was no record of punishment for the same kind of crime; (c) the Defendant did not reach an agreement with the victim; and (d) other circumstances constituting the conditions for sentencing as indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the sentence is determined as ordered in consideration of the following circumstances.

If 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 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 obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which can be achieved due to such order, and the protection of the victim.

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