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(영문) 수원지방법원 2015.04.02 2014고단4867

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 11, 2014, around 17:15, the Defendant forced the victim to commit an indecent act by inserting the victim's sexual organ into the third floor of the "D Bana" located in Suwon-si C, and by inserting the potential loss into the victim E (ma, 22 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning police statements made to victims E;

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

1. Selection of a selective fine (the amount shall be determined by taking into consideration the fact that the defendant is the primary offender and that there is a defect in hearing, etc.; however, the amount shall be determined by taking into account the fact that the victim is deemed to have suffered a fear of sexual humiliation in light of the part or degree of indecent conduct);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant is deemed to have a special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.