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(영문) 수원지방법원 안양지원 2017.11.01 2017고단1496
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

[criminal record] On April 21, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of obstructing the performance of official duties in a deceptive scheme in the Goyang Branch of the District Court, and the judgment became final and conclusive on August 31, 2017.

[2] On July 29, 2017, around 00:05, the Defendant committed an indecent act by taking advantage of the victim’s resistanceable condition by putting his/her sexual organ into the victim’s clothes for 10 times, and inserting his/her fingers into the victim’s clothes for 29 years. The Defendant committed an indecent act by taking advantage of the victim’s resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of crimes;

1. Previous convictions in judgment: Materials of criminal history and application of each of the written judgments;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The sentencing of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Disclosure Order and Notification Order, and the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse - The fact that the crime is inferior in light of the circumstances and contents of the crime committed against the reduction of the amount of the fee, and that there are several favorable criminal records for the same kind of crime: the defendant is against the wrong: the victim does not want the punishment against the defendant; the victim does not want the punishment against the defendant; the defendant must consider the balance with the case of the judgment with the first head before the judgment; other normal circumstances: the defendant's age, sex, occupation, family relationship, financial status status, and health condition, and the conviction against the defendant is finalized.

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