logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.09.15 2017고단986
준강제추행
Text

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

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

Reasons

Punishment of the crime

On April 2, 2017, the Defendant was under the influence of liquor at the home of the Defendant-friendly C, who was under the influence of the Defendant-friendly C, around 06:30 on April 2, 2017.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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. Article 334(1) of the Criminal Procedure Act provides that the sentencing of a criminal defendant under Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 thus, the criminal defendant has a duty to submit personal information to relevant agencies pursuant to Article 43 of the same Act, on the grounds that the sentencing of a criminal defendant reflects his/her wrongness, and there is no other criminal record, such as records of sexual crimes, in addition to the past one time fine, and the victim does not want punishment against the defendant, and that various sentencing conditions such as the defendant's age, sex behavior, occupation, etc. are equally taken into account.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a 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 a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc.

arrow