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(영문) 서울서부지방법원 2019.10.30 2019고단2821
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 20, 2019, around 03:20 on April 20, 2019, the Defendant committed an indecent act by force on the part of the victim D(Inn, 19 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to the video data of an inner CCTV whose crime scene is recorded;

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

1. The main sentence of Article 70 (1) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order under Article 69 (2) of the Criminal Act

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order shall be determined as ordered in consideration of the following circumstances and other various sentencing conditions, including the defendant’s age, character and conduct, and environment.

A favorable circumstances: The defendant is against his will to recognize his own crime.

There is no criminal power for the defendant.

Unfavorable circumstances: The part or degree of indecent act is not easy.

There is no evidence to deem that the victim was unable to receive a letter from the victim, and that the victim made a serious effort to receive a letter.

There is a history that the defendant has been punished by a fine for a crime of double-class, and the suspension of indictment for a crime of indecent act by force has been imposed on around 2017.

When a conviction on indecent acts by compulsion in the judgment on a sex offense subject to registration becomes final and conclusive, the accused 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 obliged to submit personal information to the head of the relevant agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, details and circumstances of the crime, method and seriousness of the crime, criminal records, disclosure order and notification order, and employment restriction order are expected to be disadvantageous to the defendant.

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