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(영문) 수원지방법원 2016.02.18 2015고단5903

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 September 1, 2015, at around 20:53, the Defendant: (a) placed in the “C cafeteria” room operated by the Defendant located in Osan City B; (b) placed in the place where the Defendant intending to set a diesel car to the victim D (L, 19 years old) who is an Ambane fat, the Defendant collected the victim’s own hand on the front part of the part of the victim; (c) put him into the front part of the part of the victim, and (d) fat the diesel.

At the same time, the loss was put in the front flamer, but the part of the victim's lower time and the part of the sound was sweeted so that the victim's loss was sweeted, thereby making the victim forcedly commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. CCTV video CDs;

1. Application of the Acts and subordinate statutes to photograph the victim;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that the defendant should file for registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 a related agency

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sex offense that may be achieved therefrom, the effect of the protection of victims, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Therefore, it is determined.