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(영문) 서울북부지방법원 2017.07.06 2017고단1865
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2016. 12. 3. 00:20 경 수원시 팔달구 D에 있는 E 앞길에서, 팔짱을 끼고 걸어가는 피해자 F( 여, 27세) 의 뒤로 다가가 갑자기 피해자의 엉덩이 부위를 1회 만지고, 피해자의 다리 사이에 손을 집어넣어 옷 위로 음부 부위를 2회 주물러 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- 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 thus the Defendant is a person subject to registration of personal information pursuant to Article 43(1) of the same Act, in cases where the recognition of a crime and reflect on the victim’s sexual humiliation or mental shock that the victim sleeps is not easy. In such cases, the Defendant is a person subject to registration of personal information pursuant to Article 43(1) of the same Act.

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