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(영문) 수원지방법원 안산지원 2013.12.18 2013고정1709

강제추행등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, at around 23:00 on July 17, 2013, sent singing together with the victim D (the age of 45) who had come to know that the Defendant would drink at a nearby drinking house and would have come to know that he would drink at a nearby drinking house.

In the influence of alcohol, the victim was spared in the aftermath of the victim's body, and the victim's chest was taken by his/her hand, and her indecent act was committed.

2. In response to the Defendant’s indecent act, the injured Defendant brought about the Defendant’s fingers against the Defendant’s indecent act, thereby making the Defendant’s fingers available to the Defendant’s fingers, and making the Victim’s face available to the Defendant by hand for approximately three weeks, and galivium and galivating the Defendant’s eye in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Photographs of damaged parts (A, D);

1. Application of Acts and subordinate statutes to investigation reports (in addition to suspect A facts);

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 257 (1) of the Criminal Act and the choice of fines;

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

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

5. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit his/her personal information to the head of a competent police office pursuant

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victim.