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(영문) 수원지방법원 2020.03.25 2019고정1613

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is at all not aware of the victim B (n, 45 years of age).

On April 3, 2019, at around 03:45, the Defendant committed an indecent act by force on the part of the victim, who separately collects garbage in front of the “D cafeteria” in Suwon-si, Suwon-si, which is located in Suwon-si C, with the victim’s own hand.

Summary of Evidence

1. The police statement concerning B;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of Acts and subordinate statutes to a investigation report (to secure CCTV images around the site where such report has occurred), a criminal investigation report (Attachment to a list of 112 reported cases), and a criminal investigation report (STV video verification);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment that should be registered and submitted with 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 is obligated to submit personal information to a competent agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, degree and expected side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.