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(영문) 수원지방법원 안양지원 2017.11.10 2017고단674

강제추행

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 October 7, 2016, the Defendant committed an indecent act by force on the part of the victim, who was under management by the victim D (name, fuck, 38 years old) who was located in Ansan-si around 16:00, in the part of the victim D (E), in the part for the management of the victim’s body located in the Gu, and was under management by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the statutory provisions concerning witness D and F's statement to the witness D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act is inferior in light of the background and content of the crime, the circumstances after the crime, etc., the Defendant’s late and wrong mistake is against the Defendant, the victim does not want the punishment of the Defendant, the Defendant does not have any other criminal record, such as the same criminal record, in addition to a single type of fine, and the Defendant’s age, sex behavior, occupation, family relation, etc. Where the conviction against the Defendant is finalized with respect to the criminal record that is a sex offense subject to registration and submission of personal information, the Defendant is 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, is obligated to submit personal information to related agencies pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, the 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 victims thereof shall be comprehensively considered.