beta
(영문) 수원지방법원 2018.12.06 2018고단5634

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 9, 2018, around 23:30 on June 23:30, 2018, the Defendant used a victim D (the 54 years of age, the 54 years of age, the Ga) moving to the vicinity of the Incheon C University, on board the steering seat of the Eststyna taxi, and route the blue elbs and hand, etc. of the victim who gets involved in the said taxi, while moving to the steering seat of the Estyna taxi, and the victim is at risk of driving the taxi.

Although the Defendant’s grandchildren were gird and expressed his intention of refusal, the Defendant continued to commit an indecent act by continuously using and rhying the victim’s sloping arms in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the investigation report (as to the victim's submission black images (for voice) and the laws and regulations on CDs for booms video images;

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such information becomes final and conclusive, the accused 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 the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following: (a) the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order; (b) the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom; and (c) the effect of protecting the victims thereof.