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(영문) 의정부지방법원 2013.12.09 2013고단3489
준강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant committed an indecent act in a manner that finds out that the victim D (i.e., 27 years of age) was expected to have head and locked on the window in the seat under the influence of alcohol at the 104-dong 104 (C), and moves to the seat her seat her seat her seat, and then she rhums down the victim’s right bucks and rhums down the victim’s right bucks.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical disability or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Article 29 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is unfavorable in light of unfavorable circumstances that the defendant did not agree with the victim, the fact that the defendant was the first offender, and the fact that the defendant was committed in the course of committing the crime is against the victim is considered as favorable circumstances. The method and result of the crime in this case, and all the conditions for sentencing, including the circumstances after committing the crime, age, character and conduct, family environment

Since a judgment of conviction was rendered against a defendant who registered personal information as a quasi-indecent act by compulsion, the defendant is obligated to submit personal information to a related agency as prescribed by Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if such judgment becomes final and conclusive.

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which can be achieved due to it, and the victim protection.

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