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(영문) 수원지방법원 안양지원 2015.04.10 2014고단1950

강제추행

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 22:30 on September 6, 2014, the Defendant: (a) committed an indecent act by force against the victim, including, but not limited to, the victim’s face and the chest part of the victim’s face, and the victim’s body was rejected, the victim, who was arranged in the cosmetic run by the victim D (the 41-year-old), located in Ansan-si, Mayang-si, Mayang-si, Mayang-si; (b) the victim’s face and chest part of the victim; and (c) the victim’s body was so sound that the victim could not face the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine (which has received an application from the victim and has no record of the same kind);

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

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the degree of indecent conduct on the grounds of sentencing, the victim’s damage recovery, and the victim did not want to be punished, and the amount of fine is determined taking into account the character, conduct, criminal records, etc. of the defendant. Where the conviction of the instant case becomes final and conclusive, the defendant is 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

However, in full view of the fact that the defendant has no criminal history of the same kind of crime, the profits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects therefrom, etc., it is determined that there are special circumstances where the disclosure or notification of personal information should not be made. Thus, the order of disclosure or notification of registered information is not issued in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children