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(영문) 전주지방법원 군산지원 2016.05.31 2015고단900

강제추행

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 25, 2015, at around 10:00, the Defendant committed an indecent act by force against the victim by rhing the victim’s chests and bucks, one hand, on the front side of the victim E (e.g., those 33 years old) who sited in a bebs.

Summary of Evidence

1. The witness E’s legal statement (as to the Defendant’s act, content of damage, the fear and response of the victim, and the situation before and after the commission of the crime, the statement is generally consistent and concrete.

In addition, there is no reason to open false statements of one witness.

The credibility is recognized.)

Application of Statutes

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant is a Grade II mental disability, with substantial understanding of such order, and it is difficult to expect an effect of preventing re-offending due to an order to attend a course, as

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the fact that the accused has no history of sex offense, and the registration, protection, and observation of personal information of the accused can prevent the recidivism of the accused even;

In full consideration of the fact that the defendant is likely to commit a sexual crime or repeat a sexual crime.

It is difficult to readily conclude that there are special circumstances in which the personal information of the defendant may not be disclosed or notified in full view of the social benefits expected by the disclosure or notification order, and the prevention effect of sexual crimes, and the disadvantages and expected side effects of the defendant resulting therefrom.

I think)

Where a conviction becomes final and conclusive against a defendant who has registered new information, the defendant shall be a sexual crime.