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(영문) 수원지방법원 2015.11.26 2015고단4977

강제추행

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

피고인은 2015. 9. 16. 22:15경 수원시 영통구 B에 있는 C식당 문 앞에서, 갑자기 손가락으로 유모차에 타 있는 아기에게 인사를 하기 위하여 허리를 굽히고 있는 피해자 D(여, 47세)의 엉덩이 부위를 허리쪽으로 쓰윽 만져 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. On-site photographs;

1. Details of the report;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

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

1. Selection of an alternative fine (to be determined by a fine in consideration of the fact that the accused is the first offender, the aged of 63 years, and the amount thereof shall be determined by taking into account the characteristics and degree of indecent act, the mental impulse and sense of sexual shame received by the victim, the degree of sense of sexual shame and sense of shame, and the fact that the victim did not have been

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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, 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 to a related agency pursuant to Article 43 of

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the protection effect of the victim, etc., the special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.