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(영문) 광주지방법원 2016.09.23 2016고단2694

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2, 2016, around 17:19, the Defendant, at around 17:19, had been engaged in the accounting of the D charging station No. 1 in the North-gu Seoul Metropolitan City, Gwangju, with intent to report the employees E (V, 21 years of age) and forced to commit an indecent act, and had the victim's her k's k's k's k't.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes in which statements made by the police are recorded against victims;

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. If a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense 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 of the competent police office pursuant to Article 43

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.

The contents of the indecent act on the reason of sentencing are minor and the defendant has no same criminal record.

The defendant agreed with the victim.

The age, occupation, family relationship, and circumstances before and after crimes of the accused.