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(영문) 수원지방법원 안양지원 2017.06.09 2017고단229
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 10, 2016, around 02:30, the Defendant committed an indecent act by force against the victim, by inserting tobacco from the stairs of the building, while the Defendant was going to drink together with the victim D, who is the motive of the university, in his/her own residence, at the king-si, C 1004, to drink with the other party D (the other party’s name), while smoking tobacco from the stairs of the building, he/she forced him/herself to fit for dancing with the wall without any word. Then, the Defendant committed an indecent act by force against the victim, such as putting his/her hand into the tez in which the victim suffered, and turning into the left chest of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of the crime in light of the background and content of the crime, the criminal defendant's mistake is recognized, various sentencing conditions, including the first offender, the defendant's age, sexual conduct, family relationship, property status, etc. Where a conviction against the defendant is finalized with respect to the criminal facts of a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to related agencies 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, the degree and expected side effects of the Defendant’s disadvantage 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., the punishment of a sexual crime shall be taken into comprehensive consideration.

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