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(영문) 청주지방법원 2015.03.27 2014고단1956
준강제추행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 07:10 on December 14, 2014, the Defendant, at the soup and soup bank, set soup and set soup to C Sari or five stories located in Sari-gu, Seowon-si, Seowon-si, Seowon-si, and was locked back on the side of the victim D (the age of 21).

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to capture CCTV screen on the site of the case;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 (Selection of Punishment of Fines)

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

1. The scope of recommendations based on the sentencing guidelines based on the grounds of sentencing of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: Imprisonment for not more than six months (where the degree of indecent act is weak in the sexual crime group, crime of indecent act by force, type 1, area of mitigation (general indecent act by force)] shall be determined in consideration of the details and degree of indecent act committed on the sentence, previous agreement with the victim, reflectivity of the defendant, etc. The defendant shall become a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to the competent agency as prescribed in Article 43 of the same Act after he/she is found guilty of a sex crime subject to registration

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account 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 protection effect of the victim.

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