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(영문) 창원지방법원 통영지원 2017.04.13 2017고합7
준강제추행
Text

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

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

Reasons

Punishment of the crime

On December 21, 2016, the Defendant discovered the victim E (50 years) in the 'D Sarina in Sariland C', which was located in Sarisi C at Sarido on December 21, 2016, followed up the Defendant’s attempt to force the victim to commit an indecent act, followed by the victim’s hand, and followed up the victim’s sexual organ by his hand. The Defendant entered the victim’s sexual organ as soon as possible, putting the victim’s sexual organ into the victim’s sexual organ between the other Defendant’s arm’s length on the part of the victim’s ship and buckbucks.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes of the response request for appraisal;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed a crime in a private house or water surface room where the public gather, and that the degree of indecent act against the victim is not weak.

However, the defendant's awareness of the crime in this case reflects his depth, and there is no criminal history prior to the crime in this case, and considering the favorable circumstances that the injured person is not willing to be punished by the defendant by agreement with the victim as well as the defendant's age, sex, environment, motive, means and consequence of the crime in this case, and the various sentencing factors in the records of this case, such as the defendant's age, sex, environment, motive, means and consequence, shall be determined as ordered.

Where a conviction becomes final and conclusive in regard to a crime in the judgment that is subject to the registration of personal information and the obligation to submit personal information, it 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.

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