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(영문) 의정부지방법원 2018.11.23 2018고단3662
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 May 7, 2018, at around 01:30, the Defendant committed an indecent act by force against the victim, on the part of the victim F (name, n, 28 years old) who was in contact with the Defendant, who was in contact with the Defendant at a two-story room located in North-gu, North-gu, North-gu, North Korea, at a port. The Defendant, who was in contact with the Defendant, she was at the end of the victim F (name, n, b, 28 years old) and was in contact with the Defendant. The Defendant, who was in contact with the Defendant, committed an indecent act by force against the victim, by putting the Defendant’s arms on the part of the victim, who was in contact with the victim, and by putting the victim’s shoulder on other arms.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the respective Acts and subordinate statutes of G, H and I

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. Where a judgment of conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment of personal information of Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to 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 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children’s Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism risk, benefits and effects expected by the order to disclose and notify the information, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information should not be disclosed, notified or the Defendant should not be restricted from employment, in full view of various circumstances such as the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism, and the order to disclose

The sentencing is determined.

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