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(영문) 서울서부지방법원 2019.07.17 2019고단1294
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 8, 2019, at around 01:58, the Defendant committed an indecent act against the victim by using her mared and her knife at the front of the “C” club located in Mapo-gu Seoul Metropolitan Government, as his knife, after the victim D (nife, 22 years of age) located there.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order shall be determined as ordered in consideration of the following circumstances and other various sentencing conditions, including the defendant’s age, character and conduct, and environment.

A favorable circumstances: The defendant is against his will to recognize his own crime.

There is no criminal power against the defendant.

On April 30, 2019, the defendant paid 3 million won to the victim.

Unfavorable circumstances: The part or degree of indecent act is not easy.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, 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 obliged to submit personal information to the head of the relevant agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, seriousness of the crime, criminal records, disclosure order and notification order, the degree of disadvantage and side effects to be borne by the Defendant due to an employment restriction order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., Articles 47(1) and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are comprehensively considered.

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