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(영문) 의정부지방법원 2017.01.06 2016고단4968
강제추행
Text

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

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

Reasons

Punishment of the crime

On June 1, 2016, around 22:53, the Defendant, at the “C” restaurant located on the second floor of the Seoul Special Metropolitan City, Nowon-gu 104 Seoul Special Metropolitan City apartment building B, the shoulder part of the victim D (n, 18 years old), who is an employee, was spared, spared in the following, and committed indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A investigation report (CCTV image);

1. Application of image closure photographs, CD-related Acts and subordinate statutes;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Taking into account the following circumstances: (a) the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the victim feel a considerable sense of sexual humiliation due to the instant crime; and (b) the receipt of a letter from the victim or the failure of any smooth agreement with the victim until now, the Defendant’s liability for the crime is not minor;

However, in full view of all the circumstances that may serve as the conditions for sentencing as shown in the records and arguments of this case, including the confession and reflect of the crime of this case, the fact that the defendant is the first offender who has no record of criminal punishment, and the age, sex, the circumstances and motive leading to the crime of this case, and the situation before and after the crime, etc., the sentence shall be imposed as ordered.

Where a judgment of conviction against a defendant on the criminal facts in the judgment of a sexual crime 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 a related agency pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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