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(영문) 수원지방법원 평택지원 2017.12.21 2017고단1693
강제추행
Text

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

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

Reasons

Punishment of the crime

On July 21, 2017, at around 01:00, the Defendant drinks with the Defendant’s male-gu and his female-friendly job offers victim E (the age of 23) in the first floor of the building in Pyeongtaek-si DD building, and drinks with the Defendant’s male-gu and his female-friendly job offers. The male-gu has taken the place in the place in order to have the victim be forced to commit an indecent act by using the gap, and prevented the victim’s face by hand from getting the victim’s face into his hand, and committed an indecent act by forcing the victim by placing the victim into the entrance of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV image Acts and subordinate statutes;

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

1. Article 70 (1) 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 victim committed an indecent act against the victim on the first day of the birth as a female-parent body, and accordingly, the victim was sufficiently shocked.

As a damp and net indecent act, the defendant's strong physical power is not a strong exercise of physical power, there is no criminal record, and the crime is divided, so the risk of recidivism is high.

The sentence shall be determined by taking into consideration the circumstances such as difficult to see together.

Where a conviction becomes final and conclusive with respect to a crime of forced indecent conduct in the judgment which is subject to the registration of 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, and thus, he/she is obligated to submit personal information to the competent agency

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the subject of registration that can be achieved due to it.

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