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(영문) 수원지방법원 안산지원 2018.11.14 2018고단3448

강제추행

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

On August 12, 2018, the Defendant: (a) at the Dabro Robbro, the second floor of the building B in Ansan-si, Ansan-si; (b) at the stage, the Defendant had the intent to report and commit an indecent act against the victim D (tentative, do, 59 years old) who had danced at the stage; (c) the victim’s back to the back, led the victim to both arms; and (d) the Defendant committed an indecent act against the victim’s chest by his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to compilation data of field CCTV images;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 competent agency pursuant to Article 43 of the same Act.

In full view 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 disclosure order and employment restriction order, the preventive effect and effect of the sexual crime subject to registration that can be achieved, the effect of the victim protection, etc., there are special circumstances in which the Defendant may not disclose personal information or place employment restrictions.

Since it is determined, an order of disclosure, notification and employment restriction order shall not be issued to the defendant.