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(영문) 수원지방법원 안양지원 2017.05.26 2017고단402

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

around October 4, 2016, the Defendant: (a) around October 4, 2016, at C’s inside car page in Seoul, where the Defendant in the first floor of the Gangnam-gu Seoul Party B building works as the head of the department, “only for a long time to 24 years of age”; (b)

In other words, the victim was forced to commit an indecent act on the part of the victim by putting the shoulder of the victim at the end of a long time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (related toCCTV investigation and field search);

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes is inferior in light of the background and content of the crime, the circumstances before and after the crime, etc., but the defendant's mistake is recognized, and there are no criminal records of the same kind, and various sentencing conditions, such as the age, sexual conduct, etc. of the defendant are taken into account. Where the conviction of the defendant against the crime in the judgment that is a sex crime subject to registration and submission of personal information 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 thus

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.