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(영문) 광주지방법원 2016.05.04 2015고단5176

강제추행

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

Around 04:00 on September 14, 2015, the Defendant: (a) at the house of women-friendly E located in Gwangjubuk-gu, Gwangju; (b) at the back of the victim F (n, 28 years of age) of the victim F (n, the Defendant 28 years of age); (c) the Defendant fright the arms and the legs; (d) the Defendant fright the arms and the legs; (d) the victim frights them to the side of the above victim E; and (d) the Defendant fright the chest by putting them back to the victim’s seat; and (e) fright the chest by frighting it into the victim’s seat; and (e) the victim tried to put the Defendant’s arms into the panty; and (e) the victim fright again frighted the chest by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to 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. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, the court did not issue an order of disclosure or notification to the defendant.