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(영문) 수원지방법원 성남지원 2016.01.22 2015고단1436

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person with a strong nationality.

On June 23, 2015, around 00:50, the Defendant 2015, while walking a street room in front of the “D cafeteria” located in Gyeonggi-si, Gwangju-si, the Defendant committed an indecent act by forcing the victim to commit an indecent act by force with the victim E (V, 29 years of age) who was walking in the opposite letter, and by using the victim’s clothes with the victim’s clothes.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. 112 Application of reporting-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. An order to attend a course or order to complete a program, in principle, shall be issued concurrently to the accused who has committed a sex crime exempted from an order to attend a course or order to complete a program under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, inasmuch as the accused is convicted of such crime; however

Considering the fact that the defendant could be forced to leave the country, there are special circumstances where it is impossible to impose an order to attend a course or order to complete a program on the defendant.

In accordance with the proviso of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes, an order to attend a course or order to complete a program may not be issued concurrently.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be a person subject to registration of personal information in accordance with 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 the police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act

Personal information shall be personal information pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse in light of the details of crimes subject to an order for disclosure or exemption from notification, the history of punishment, etc.