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(영문) 창원지방법원 2016.11.24 2015고단3180

강제추행

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 20:30 on September 18, 2015, the Defendant, when walking in the vicinity C of the window of Changwon-si, committed an indecent act by force by means of using from the back of the buckbucket to the part of the victim’s bucks where the victim was in his/her own seat and was under the influence of alcohol and discovered the victim’s desire while walking in the vicinity of the victim D (A, 15 years of age).

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentence identical to the order was determined by comprehensively taking account of the following factors: (a) details and method of the crime of sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) degree of indecent act; and (c) history and location of the

Where this judgment on the registration of personal information becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it shall be deemed that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, an order for disclosure or notification of personal information shall not be pronounced.