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(영문) 의정부지방법원 2014.02.10 2013고단3842
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 04:40 on October 4, 2013, the Defendant: (a) reported that the victim F (n, 21 years of age) who gets a passenger of E-si operated by her Defendant lost her mind while under the influence of alcohol; (b) exceeded the victim’s panty, knee and knee with the back seat of the victim, and knee and knee were kneeed by her hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on site photographs;

1. Article 29 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact of the crime when the defendant was committed, the victim did not want the punishment against the defendant by mutual consent with the victim, and the fact that the defendant has no record of punishment due to a sex offense is considered under favorable circumstances. The punishment shall be determined by comprehensively taking into account the means and result of the crime in this case, the circumstances after the crime, the age of the defendant, character and conduct, family environment, etc.

Since a judgment of conviction was rendered against a defendant who registered personal information as a quasi-indecent act by compulsion, the defendant is obligated to submit personal information to a related agency as prescribed by Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if such judgment becomes final and conclusive.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the accused's age, occupation, risk of recidivism.

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