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(영문) 수원지방법원 안산지원 2017.08.23 2017고단1954

강제추행등

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

1. On May 9, 2017, the Defendant forced indecent act committed an indecent act by force in a way that the part of the victim’s her son was forced in a manner that is equivalent to three times the part of the victim’s her son with his son, her son, son, son, son, 52 years old), who wishes to get a son’s son in front of the Mansan-si, Ansan-si, Masan-si.

2. A public performance obscenity Defendant: (a) opened a brupter to allow the victim and the majority of people to see at around 15:20 on May 9, 2017 at the same place, and take the brush to the end of the Aburged vehicle of which the victim is aboard;

I reviewed the defenses.

Accordingly, the Defendant openly committed obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of compulsory indecent act), Article 245 of the Criminal Act (the point of public performance obscenity), and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, family relation, risk of recidivism, 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 that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant may not disclose personal information.