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(영문) 수원지방법원 안양지원 2018.01.10 2017고단1284

강제추행

Text

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

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

Reasons

Punishment of the crime

On March 31, 2017, the Defendant committed an indecent act on the part of the victim F (the amb, amb, and 27 years old) by forcing the victim to use his ambat as his own kym on the front side of the E elementary school located in Sinpo City D, Sinposi, Sinpo-si on March 31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F;

1. Application of CCTV CD-related Acts and subordinate statutes;

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 does not correspond to the nature of a crime in light of the background and content of the crime, it shall be taken into account the primary offender and the Defendant’s age, sexual conduct, occupation, family relationship, etc. In the event a conviction against the Defendant is finalized regarding the criminal facts in the judgment that are sex offenses subject to registration and submission of personal information, 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 thus, is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, 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.

Therefore, the defendant is judged.