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(영문) 광주지방법원 해남지원 2018.01.11 2017고단395

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 17, 2017, the Defendant committed an indecent act by force on the part of the victim D (the 35-year-old chest) by making the victim's left chests only once in the elevator of C Hospital 27 C, which was located in Namnam-gun B, Namnam-do around 17:10 on August 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Four copies of the photograph;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photograph of an elevator with 27 illness);

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 the conviction of the accused against the crime committed in the judgment on the crime of sexual assault crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the accused 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, type, motive, process and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The defendant's crime of sentencing seems to have caused the victim to feel sexual humiliation and herathy due to the defendant's crime, but the victim is also the victim.