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(영문) 대전지방법원 천안지원 2017.06.02 2016고단2773
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 October 22, 2016, around 4:20 on October 22, 2016, the Defendant: (a) reported the victim F (27 tax) to the victim’s breath in the E Ma Dolle or in the south Dolle water room located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) committed an indecent act by force on the victim’s her part, resulting in the victim’s her her her sent with his her her her sent

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each photograph (the fact that the injured person committed an indecent act against the injured person is recognized in light of the fact that the injured person has made a relatively consistent and specific statement about essential matters, such as the background and circumstances of the indecent act committed by the accused in the investigative agency and the court, and the witness's statement also conforms to this, etc.);

Application of Statutes

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to the registration of personal information in consideration of the fact that there is no record of the same kind of crime for the sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of conduct, etc., the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s 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, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is to be comprehensively considered.

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