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(영문) 광주지방법원 2016.05.04 2016고단640
준강제추행
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

On March 6, 2016, around 04:30 on March 6, 2016, the Defendant: (a) committed an indecent act by reporting the victim E (18 tax) who was divingd in the north-gu, Gwangju-gu, Gwangju; (b) accessed the victim’s side; and (c) accessed the victim’s hand into the panty panty of the victim, which is impossible to resist.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written statements to the victim;

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

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. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

The punishment shall be determined as ordered in consideration of the circumstances that form the conditions for sentencing as shown in the records, such as the circumstances and degree of conduct, age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, as shown in the grounds for sentencing.

The defendant commits the crime of this case by contingency.

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