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(영문) 창원지방법원 진주지원 2018.03.27 2017고단1079
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant committed an indecent act by force on both sides of the victim’s chests by cutting the head on the left side of the victim’s bucks and taking the bucks around the victim’s hand, following the Defendant’s words “I do not want, I do not want to do so,” even though I want “I do not want to do so,” and “I do not do so, I do not want to do so,” and “I do not do so,” and “I do not do so, I do not do so only once,” by putting the hand on the part of the victim’s clothes and inserting the buck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The confession of a crime, the reflectivity, the same kind of execution or suspension of execution, and the defendant who is subject to the registration of personal information, when this judgment becomes final and conclusive, is subject to the duty to submit personal information to the competent agency in accordance with Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since he/she is subject to registration of personal information in accordance with Article 42(1)

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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