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(영문) 광주지방법원 2016.11.04 2016고단3237

준강제추행

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

On July 10, 2016, from around 07:38 to around 07:40, the Defendant reported the victim D (one, the name of the victim, and the age of 20) who was divingd on the 64 pages of the above PC located in Gwangju North-gu C between the PC and around 07:40 on July 10, 2016, the Defendant met the victim's right chest as the part of the victim's body. The Defendant saw the victim's left chest as the part of the victim's body, followed the victim's upper part of the clothes.

Accordingly, the defendant committed indecent acts against the victim who has been unable to resist due to locked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes that include statements made by police officers to victims;

1. Article 299 of the Criminal Act and Articles 299 and 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is 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 obligated to submit personal information to the head

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, benefits expected by an order of disclosure or notification, and the resulting disadvantages and side effects, etc. of the Defendant’s exemption from an order of disclosure or notification, it is determined that there are special circumstances under which personal information shall not be disclosed or notified. Thus, based on Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.