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(영문) 수원지방법원 여주지원 2018.11.16 2018고단843

강제추행

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 13, 2018, the Defendant, at around 16:10, waiting for a taxi in front of the D cafeteria in Yangyang-gun C, committed an indecent act by force on the part of the victim (at least 18 years of age), following the victim (at least 18 years of age) who was living in front of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol;

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

1. In full view of various circumstances, such as the Defendant’s age, sex, environment, social relationship, risk of recidivism, the disclosure and notification order of this case, and the effect expected by an employment restriction order, and the disadvantages and side effects therefrom, there is a special reason not to issue an order to disclose or notify the Defendant’s personal information and an employment restriction order, comprehensively taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) the proviso to Article 49(1) of the Act on the Protection of Children against Sexual Abuse; and (c) Articles 50(1) of the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse;

In a case where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information, 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 the competent agency pursuant to Article 43 of the same Act.

The fact that it is a crime against a victim who has no awareness of the reason for sentencing, and that it is the denial of the criminal intent by an investigative agency, etc. shall be considered disadvantageous circumstances.

However, there is no record of punishment in addition to the punishment of a fine in 195.