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(영문) 수원지방법원 안양지원 2018.01.19 2017고단1394
강제추행등
Text

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

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

Reasons

Punishment of the crime

On May 19, 2017, the Defendant committed an indecent act by force against the victim by rhing the victim’s bucks with the victim F (the victim’s name, buck, 40 years old) on the Defendant’s table, and by using the victim’s bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the F;

1. Application of Acts and subordinate statutes to report on investigation (in-house CCTV analysis);

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act, based on the background and content of the crime, and the circumstances before and after the crime, etc., the criminal defendant’s mistake is against the defendant, and there is a criminal conviction for the crime of rape for the last 30 years. However, there is no same criminal conviction for the crime of rape, etc. thereafter, the degree of prosecution is relatively heavy, and the victim does not want punishment against the defendant, and various sentencing conditions, such as the defendant’s age, sex behavior, occupation, family relationship, property status, etc. are taken into account. In a case where a conviction against the defendant becomes final and conclusive with respect to the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a related agency pursuant to Article 43

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the victim protection, in a comprehensive manner.

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