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(영문) 수원지방법원 안양지원 2019.01.09 2018고단903

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On 01:00 on 22, 2018, the Defendant: (a) around 01:00, in the Sinpo City B; (b) in the Sinpo-si, in the area of Cracka, in the side of the victim D, who was divingd; and (c) in the side of the victim D, carried out an act of self-defabing the victim’s sexual organ with his left hand; and (b) in the face of the victim D

Accordingly, the Defendant committed an indecent act against the victim by using the victim’s potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Recording records;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Articles 299 and 298 of the Criminal Act for a crime (the selection of a fine, the selection of a fine, the previous and previous errors, the depth of his/her errors, and the fact that he/she commits a contingency crime under the influence of alcohol, etc.);

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

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

1. Where a conviction of a sex offense subject to registration is finalized under Article 334(1) of the Criminal Procedure Act regarding the punishment, etc. of a sexual crime subject to the registration of personal information under Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the aforesaid Act and is obligated

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention and effect of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.