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(영문) 서울북부지방법원 2019.08.30 2019고단1345
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2018. 11. 11. 14:20경 서울 성북구 B, 1층에 있는 피고인이 운영하는 ‘C’ 가게에서, 우표를 사러 온 피해자 D(가명, 여, 19세)에게 다가가 갑자기 손으로 피해자의 허리를 감싸고, 이에 피해자가 피고인을 피했음에도 재차 손으로 피해자의 허리를 감쌌다.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement concerning D;

1. Application of Acts and subordinate statutes to a written statement prepared D;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the appearance that the defendant recognized the crime of this case and reflects the wrongness of the defendant, under the circumstances favorable to the defendant, under which the victim expressed his intention not to punish the defendant by agreement with the victim, even though the defendant had had been punished for the same kind of crime, the fact that the defendant committed the crime of this case was committed in the previous circumstances unfavorable to the defendant, and other factors such as the defendant's age, character and behavior, environment, relationship with the victim, motive and circumstance of the crime, means and result, the circumstances after the crime, etc., shall be determined as ordered by taking into consideration comprehensively

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused 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 competent agency pursuant to Article 43

The motive and background leading to the crime of this case, the age, occupation, and social relationship of the defendant.

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