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(영문) 의정부지방법원 2018.05.10 2017고단5610
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

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

Reasons

Punishment of the crime

On July 8, 2017, the Defendant demanded the victim E (here, 49 years of age) who is a proxy engineer driving the Defendant’s vehicle in the vicinity of the Gui-si, Sinri-si, the Defendant committed an indecent act by force against the victim by demanding the victim E (here, 49 years of age) to have sexual intercourse with the Defendant’s left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E (the recognition of credibility in light of the overall process, contents, consistency, physical strength, attitude of statement, relationship with the defendant, etc.);

1. The application of Acts and subordinate statutes to prepare and report a record, a record, and a record CD;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, sex, environment, motive and background leading up to a crime, degree of conduct before and after a crime, circumstances before and after a crime, attitude at an investigation agency and a court, and criminal records, shall be determined by comprehensively taking into account the various circumstances shown in the arguments of this case.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to the registration and submission of personal information, the defendant is a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

When comprehensively considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of the sexual crime subject to registration which can be achieved due to such order, and the effects of the protection of the victim, etc., the defendant shall be punished for sexual crimes.

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