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(영문) 대구지방법원 2017.09.19 2017고단3821
강제추행
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 2, 2017, the Defendant was under the influence of alcohol in front of the C cafeteria located in Nam-gu, Nam-gu, Seoul at the port of port on May 22, 2017, and the victim D (nick, 26 years of age, 26 years of age) was located on the road in order to go to the house, and the Defendant, on his own hand, her own hand, macked the victim her her her son with his her son, and her her son was forced to use it on his her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 of the Provisional Payment Order was not taken against the person who was injured by the reason for sentencing.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession and reflects his/her mistake, the fact that there is no criminal history including the same kind of power, and other conditions of sentencing as shown in the records and arguments.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 relevant agency pursuant to Article 4

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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