logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.14 2017고단4662
준강제추행
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On January 30, 2017, at around 23:00, the Defendant discovered the victim D (Woo 22 years old) who was divingd, and sit back on the part of the victim, and laid down the hands back to the knife in the front line of subway No. 2, the subway No. 2, the subway No. 2, the subway No. 3, the underground of which was located in the middle-gu Seoul Central District of 178, along with the entrance area of B from the station of the subway No. 178, the Defendant laid down the victim's left chest by inserting it into the knife of the damaged.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions and Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of fines (abstinence of facts of crime and not agreed with the victim) and the selection of fines (abstinence of the victim's chest part of his/her chest in subway, even though not agreed with the victim, taking into account the fact of crime, the parts and degree of the criminal conduct, behavior of the prosecution, the first offender, etc.);

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes.

arrow