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(영문) 서울동부지방법원 2016.07.08 2016고단1266
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 23, 2015, at the front of the entrance of D market located in Gangdong-gu Seoul Metropolitan Government on December 16:0, 2015, the Defendant made the victim E (here 58 years of age) who conducts her bbbbbbbbbing funeral were forced to commit an indecent act, and the victim was her knb with her son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions for criminal facts, Article 298 of the Criminal Act for the selection of a sentence, and the selection of a fine ( though not less than the nature of a crime as a crime during the period of suspended execution due to a crime committed against this type of crime, it shall be taken into account that the defendant is led to confession and reflect, the degree of conduct is relatively minor, the victim and the victim have agreed smoothly with the victim, the victim wanted to leave this court and the wife of the defendant, and the defendant has no same criminal record);

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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