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(영문) 의정부지방법원 고양지원 2018.01.11 2017고단3422
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 20, 2017, around 00:35, the Defendant committed an indecent act by committing an indecent act by deceiving the victim’s side and body by standing up the seat on the part of the victim C (V, 23 years old) who was seated in B, which was in operation on the side of the Seo-gu B, Seo-gu, U.S.-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of the Acts and subordinate statutes to cut booms and video images in buses;

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 circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: the defendant has been punished for the same crime.

Nevertheless, the defendant committed the crime of this case by means similar to those of the same kind.

It is not good that the defendant commits an indecent act against the victim.

The mental suffering suffered by the victim is considerable.

The favorable circumstances: The defendant recognizes a crime and has a strong reflective nature.

A injured person does not want the punishment of the defendant.

There is a family member to support.

In addition, the punishment as ordered shall be determined in consideration of the circumstances that form the conditions of sentencing as shown in the record, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime.

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, he/she is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effects that the defendant suffers due to the disclosure order or notification order, and the expected side effects.

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