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(영문) 의정부지방법원 고양지원 2016.11.25 2016고단2187

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 10, 2016, around 00:20, the Defendant committed an indecent act on the part of the victim E (n, 29 years of age) in front of the rest room of the "D," located in Seoyang-gu C3, Seoyang-gu, Seoyang-gu, Seoyang-gu, 2016, and the Defendant took the side of the victim E (n, e.g., the victim’s bucks).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a photograph by cutting down each CCTV screen;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. In a case where a conviction becomes final and conclusive with respect to the criminal facts on which a sex offense subject to registration is to be registered and submitted, taking into account all of the sentencing factors indicated in the records, such as the Defendant’s age, occupation, character and conduct, family relation, motive, means and consequence of the crime, etc., 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 competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, risk of repeating a crime, content and motive of the crime, method and seriousness of the 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 the sexual crime subject to registration which may be achieved therefrom, the protection effect of the victim, etc., the Defendant shall not be ordered to disclose or notify personal information, and thus, the order or notification order shall not be issued to the Defendant.