logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2019.01.23 2018고단2728
강제추행등
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

1. On May 21, 2018, the Defendant committed indecent act by compulsion, following the computer seat of the “CPC bank” located in Ansan-si, Masan-si, Annsan-si, B, the Defendant: (a) provided that the victim D (n, 20 years old) who is a part-time student of the said PC bank would be informed of the computer use method; (b) met the victim’s right side side part of the victim’s right side by hand; (c) met the victim’s shoulder part by hand; and (d) committed indecent act by force by force, such as taking kis to the victim’s hand, etc.

2. On May 21, 2018, the Defendant attempted to forcibly commit an indecent act by force against the victim, such as kisking the victim, in front of the carper in the above PC around 14:50 on May 21, 2018, while calculating the value of drinking water, but the Defendant did not commit an attempted indecent act by force on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the closure of a crime;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to a competent agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order are expected to be disadvantageous to the defendant due to the exemption of the disclosure order, notification order and employment restriction order.

arrow