logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.02.13 2019고단3115
준강제추행
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

The defendant and the victim B (the family name, the female, the age of 23) are between universities music clubs and the aftermath from the university.

The Defendant, between June 7, 2019 and 06:00, from around 04:00 to around 06:00, in Seongdong-gu Seoul, Seongdong-gu Seoul Metropolitan Government apartment D’s dwelling space smalls of the Defendant’s dwelling room, and the victim, who was diving, was able to do so by hand, and the victim’s sound part and bucks inside the bucks.

Accordingly, the defendant committed indecent act against the victim in a state of mental or physical disability or non-ffort.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The range of punishment by a fine not exceeding 15 million won;

2. Determination of sentence [Incompetence] in light of the background and content of the instant crime, degree of indecent act, etc., the liability for the instant crime is not easy.

The victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

The victim was not able to receive any conviction from the victim.

[Ligue circumstances] There is no history of criminal punishment.

The investigation agency voluntarily surrenders to the investigation agency, and recognized the crime of this case, and reflects his mistake.

The punishment shall be determined as per the order, comprehensively taking into account the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall submit personal information to the competent agency pursuant to Article 43

arrow