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(영문) 의정부지방법원 2015.12.01 2015고단2025
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 24, 2015, at around 01:30, the Defendant, while drinking alcohol in the “Cata club” located in the Guri-si B, was frighting back to the victim D (n, 49 years of age) who had danced in the next string without any justifiable reason, and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her b

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to investigative reports (report on hearing statements of witnesses);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete a program is to be criticized for repeatedly committing an indecent act against the victim who resists the defendant.

However, there are circumstances such as the fact that the defendant committed the crime in this case by contingently, there is no same criminal history, there is no history of punishment heavier than the suspension of execution, the defendant repents and reflects his mistake, and the victim expresses his intention to be the preference of the defendant.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 relevant agencies pursuant to Article 43

An order of disclosure or exemption from notification.

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