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(영문) 광주지방법원 2017.09.27 2017고단2490
강제추행등
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

1. On April 24, 2017, the Defendant, at around 03:40, committed an indecent act by force, on the first floor of the building in Gwangju-dong, Gwangju-gu, about the victim E (n, 20 years of age), was under the influence of alcohol and walked, and the victim met with the above building, and entered the elevator together with the above building and arrived at the eightth floor where the victim’s residence is located, thereby getting off the elevator from the elevator, and committing an indecent act by force on the victim by force.

2. In front of the victim’s residence on the 8th floor of the D building at the above time, the victim spared himself, and the victim sparedly called as “no matter to refuse, to request,” and entered the victim’s house, and invaded upon the victim’s residence by entering the victim’s house, depending on the victim’s door-to-door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. If a conviction of an indecent act committed in the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, family environment, social relationship, criminal record and risk of recidivism, profits and preventive effects of the defendant who has been exempted from the disclosure order and notification order, and disadvantages and side effects resulting therefrom.

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