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(영문) 광주지방법원 2017.06.16 2017고단858

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is the customer of the "D" house in Gwangju Mine-gu C, and the victim E is the employee.

On December 03, 2016, at around 02:10 on December 03, 2016, the Defendant committed an indecent act by force, such as taking the hand of the victim E (the age of 29) who was frighting to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of E;

1. Statement of E;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. If a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the Defendant is obliged to submit personal information to the head of the competent police office pursuant to Article 43

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.

After committing the crime of sentencing, the attitude of the defendant is bad, and the defendant has been seven criminal records, but all of them are punished by a fine, and the defendant has agreed with the victim.

The age, occupation, and other matters of the defendant.