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(영문) 의정부지방법원 2018.04.25 2018고단298
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 5, 2017, 02:0-00 to 03:26, the Defendant came to be in the beds with the victim D (the victim, 23 years of age) at the curine curine Babb, which was located in Dong-si B, and the Defendant came to be in the beds with the victim D (the victim, 23 years of age). The Defendant decided that the victim was able to sleep, “D , D , I, and I,” and then laid the hand into the bur of the victim, and laid the victim’s chest.

Accordingly, the defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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) 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. An unfavorable circumstance is that there is no agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the victim.

Provided, That the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has no criminal history of the same kind, and other conditions of sentencing as shown in pleadings, such as the age, sex, and environment of the defendant.

Where a conviction becomes final and conclusive in relation to a crime in the judgment that is a sex crime subject to registration and duty to submit personal information, the defendant 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 obligated to submit personal information to the relevant agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, the court did not issue an order of disclosure and notification to the defendant.

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