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(영문) 수원지방법원 안산지원 2014.02.05 2013고단2643

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 02:40 on October 10, 2013, the Defendant: (a) at Silung City C and on the street around 02:40 on the street, the Defendant: (b) confirmed the Defendant that he had sexual intercourse while drunked; and (c) caused the victim D (the age of 52, female) by checking the Defendant’s satisfing expenses; and (b) the rest of the victim, who was satched, would have been able to satisfing his left hand, with the Defendant’s satisfing the Defendant’s hand on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written E;

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

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit his/her personal information to the head of a competent police office pursuant

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.