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(영문) 서울북부지방법원 2020.11.06 2020고정1377
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 May 25, 2020, at around 00:30 on May 25, 2020, the Defendant committed an indecent act by force against the victim D (at the age of 30) who was seated with a table b B and was sleeped with the cans, brought about the victim’s hand, with the hand floor, and with the victim’s hand knife and knife the victim’s hand, and with the victim’s hand knife and knife the victim’s knife, “the knife, knife, knife,” with the victim’s knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports (on-site CCTV analysis and CD attachment), investigation reports (on-site staff telephone statement);

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. From the long distance to the point of view of the sentencing of Article 334(1) of the Criminal Procedure Act, it appears that the victim was suffering from an indecent act by the Defendant on the face of his/her life at the time when the sentencing of the sentencing of Article 334(1) of the Provisional Payment Order was reasonable, and the Defendant did not have been able to have been

However, the extent of the indecent act in this case is relatively minor, and the defendant is the first offender who has no record of criminal punishment, and other circumstances that form the conditions of pleadings and the sentencing recorded in the record, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., shall be determined by taking full account of the following circumstances.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

The defendant's age, occupation, risk of recidivism, and crime of this case is exempted from disclosure and notification orders.

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