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(영문) 의정부지방법원 2016.05.16 2016고단361

강제추행

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant boarding the subway station, which is located in the 2nd Government Dong Dong-si, the Government of Jung-si, the Government of the Republic of Korea, from Seoul, to the 2nd seat of the victim C (20 years of age). On January 7, 2016, the Defendant seems to have shown that the Defendant was able to board the subway, seated in the seat above the victim C (20 years of age) and caused inconvenience to the body. On the other hand, the Defendant laid down the knbbbbbbbbbbbbs between the injured party’s bridge, and moved

Accordingly, the defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as follows: (a) considering the Defendant’s age and suffering from dementia; (b) the Defendant’s age, sex behavior; and (c) the Defendant’s age, circumstances after the commission of the crime; and (d) taking into account all the unfavorable and unfavorable sentencing conditions;

Where a conviction against a defendant who has registered personal information becomes final and conclusive, 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 the competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, details 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 which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.