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(영문) 서울동부지방법원 2017.09.01 2017고단1836
준강제추행
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

1. On May 7, 2017, around 04:18, the Defendant committed an indecent act by taking advantage of the victim’s potential state of resistance by making soup, making soup, at the rest room of “D” located in Gangdong-gu Seoul, Gangdong-gu Seoul, the victim’s mare, who is unable to know his/her name at the bottom, one time at his/her hand, making soup.

2. On May 7, 2017, the Defendant, at around 04:36, committed an indecent act by taking advantage of the victim’s potential state of resistance, whose name cannot be known in the same manner as that stated in paragraph (1), at the place described in paragraph (1) at around 04:36.

3. On May 7, 2017, around 04:37, the Defendant committed an indecent act by taking advantage of the victim’s locked state, where the victim E (n, female, 28 years of age) was locked at the place specified in paragraph (1) at around 04:37, and her son and son’s son and son’s son and son’s son and son were her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Articles 299 and 298 of the Criminal Act and the choice of fines concerning the facts of the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered in consideration of all the conditions of sentencing, including the fact that the degree of indecent act is minor due to the ground and contingent crime of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the confession and reflect of the first offender, the fact that the victim E has agreed with the victim, the defendant's age, environment, motive and background of the crime, and circumstances after the crime, etc.

If a conviction on a crime in the judgment that is a sex offense 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 the competent agency pursuant to Article 43

The defendant is exempted from the disclosure order and notification order due to his age, occupation, risk of recidivism, motive for committing a crime, progress, seriousness of the crime, disclosure order or notification order.

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