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(영문) 의정부지방법원 고양지원 2018.12.07 2018고정1039
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 May 22, 2018, the Defendant forced indecent act: (a) walked in front of the C convenience store located in Gyeyang-gu, Gyeyang-gu; (b) on May 22, 2018, and (c) took the influence of the victim D (the 23 years old); and (b) followed by the victim E (the 22 years old), while under the influence of alcohol; and (e) without any justifiable reason, committed an indecent act by force against the victim E in the same manner.

2. The Defendant assaulted the victim F (the 20-year-old age), who was at the same place immediately after the said indecent act was enforced, to take a bath, and to see the two hand, and the victim G (the remaining, the 23-year-old age-old)’s left face to speak, respectively, and assaulted the victim F (the 20-year-old age-old) at one drinking face.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, D, E, and F;

1. Application of Acts and subordinate statutes to the investigation report (Analysis of CCTV perusal, etc. for crime prevention);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) (the point of violence and the selection of fines);

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 on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

The defendant's age, occupation, details of the crime of this case, disclosure order or notification order of this case shall be the degree and expected side effects of the defendant's disadvantage, prevention of sex crimes subject to registration which may be achieved due to such order, and protection of the victim.

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