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(영문) 수원지방법원 2018.04.26 2017고단6956

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 28, 2017, around 23:00, the Defendant paid the victim E (here, 25 years of age) (hereinafter “the victim”) who is a work partner during the meeting to “one story at a short time,” and had talked with the victim as a wall, and committed an indecent act by force against the victim by making the victim’s chest, fry, and fluencing the victim’s chest, fluor, and fluor with the victim’s body, fluor, fit the victim’s chest, and fluor with the victim’s chest, and fluored the victim’s chest by hand.

Summary of Evidence

1. Legal statements from witnesses E and F;

1. Application of the statutes on G content submitted by victims E;

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such information becomes final and conclusive, the accused 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.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to 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, etc. of Children against Sexual Abuse.

Since it is judged, the order of disclosure and notification should not be issued to the defendant.