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(영문) 수원지방법원 2019.11.28 2019고정867

강제추행

Text

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

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

Reasons

Punishment of the crime

On February 18, 2019, around 22:52 on February 18, 2019, the Defendant: (a) committed an indecent act by force by force against the victim D (a person, her life, her age, 19) who was waiting for a pedestrian signal, when he was waiting for a pedestrian signal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes in one copy of a dynamic image closure photograph;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, 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 is obligated to submit personal information to a competent agency pursuant

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso to Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49 (1) and proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The age of the defendant exempted from the employment restriction order, family environment and social relation, records of the crime, details and motive of the crime, methods and results of the crime, the risk of recidivism, the disadvantage of the defendant resulting from the employment restriction order and the prevention and effectiveness of the sex crime that can be achieved by such order.