logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.09.07 2017고단1605 (1)
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On March 12, 2017, the Defendant discovered “D” singing on the third floor of the building located in C, a third floor of the building located in C, and found that the victim E (n, 20 years of age) who is a singing customer, was in front of the seat of the singing beneficiary, and then the victim was able to commit an indecent act by forcing the victim to commit an indecent act on the victim’s left chest with his own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment 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. The punishment as ordered shall be determined by taking into account the circumstances such as the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., based on which the victim committed an indecent act and degree of such indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s mistake is against the Defendant, the primary criminal intent, the victim’s punishment is not sought upon agreement with the victim, and the damaged person does not want the punishment of the Defendant.

Where a conviction becomes final and conclusive with respect to a crime in the judgment that is subject to registration and submission of personal information, 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 thus is obligated to submit personal information to the competent agency pursuant to Article 43

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, etc. shall be taken into comprehensive consideration.

arrow