logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.01.18 2017고단4386
준강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of D, and the victim E (35) is an employee who works with the head of office in the above company.

The Defendant, around 02:00 on May 17, 2017, around 02:0, at the night house of Songpa-gu Seoul, F, Dora 203, the Defendant collected the Defendant’s hand on the panty of the victim, who was divingd above her spanty, and became the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (Interview with a suspect and hearing of statements by a victim);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

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

1. Where a conviction becomes final and conclusive with respect to a crime that constitutes a sex offense subject to registration and submission of personal information, such as a confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and a second offender who has no criminal record, etc., the Defendant is a person subject to registration of personal information pursuant to 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 relevant agency as prescribed by Article 43 of the same Act.

Article 47(1) and Article 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, and Article 50 of the same Act, comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims, etc.

arrow