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(영문) 대전지방법원 천안지원 2016.09.23 2015고단1200
강제추행
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 April 28, 2015, at around 02:00, the Defendant committed an indecent act by force against the victim E (the 49 years of age, household name) who was drinking food on the top of his/her am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am, and then, the Defendant committed an indecent act by force on the part of the victim.

Summary of Evidence

1. To state part of the witness F in the fourth public trial record;

1. The protocol of examination of the witness in relation to E (tentative name) of this court (the victim has consistently stated the core matters from the defendant to the investigative agency to this court concerning the background of indecent conduct and the situation at the time of prosecution, and there are no circumstances to suspect the credibility of the victim's statement in light of the victim's content and attitude, etc.)

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Articles 70 and 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 conviction becomes final and conclusive on the facts constituting a crime subject to the registration of personal information in consideration of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the crime was committed again during the period during which the punishment is suspended due to the crime, having no same record, and degree of conduct, the 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 thus, the person subject to registration of personal information is obligated to submit personal information to the competent agency pursuant to

In light of 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 which may be achieved therefrom, and the effect of the protection of the victim, etc., the punishment of sexual crimes shall be taken into comprehensive consideration.

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