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(영문) 광주지방법원 2016.12.02 2016고단4432
준강제추행
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 25, 2016, at around 04:28, the Defendant, at the fourth floor, making soup to the male body room in Seo-gu, Seo-gu, Gwangju, Gwangju, the victim D(29 years of age) was locked to see that he was locked, and the Defendant was able to commit an indecent act with the victim's access to the victim, and only one minute of the victim's sexual organ was sent to the victim's hand.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a defendant’s wrong recognition of his/her mistake), the defendant’s age, family environment and social ties, records of the crime, details and motive of the crime; the method and consequence of the crime; the degree and anticipated side effects of the defendant’s disadvantage due to the disclosure order or notification order; the preventive effect of the sexual crime subject to registration which can be achieved thereby; and (b) the defendant shall not be ordered to disclose or notify personal information on the grounds of sentencing; and (c) the defendant shall be determined by taking into account the following circumstances as stated in the order of punishment into consideration:

Defendant is led to confession, and is against himself.

The defendant is in the same kind.

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