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(영문) 수원지방법원 평택지원 2016.11.29 2015고단1712

강제추행

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On October 16, 2015, from around 23:20 to 23:50 on October 16, 2015, the Defendant, while drinking in front of the C Station located in Pyeongtaek-si B, asked the Defendant as to whether he/she is necessary to assist him/her without any justifiable reason, and Dak Dak Dak Dok Dok Dok Dok Dok k above up to twice as follows.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

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

1. Article 70 (1) 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 with respect to a crime of indecent act by compulsion, which is subject to the registration of personal information in consideration of the fact that there is no criminal record of the same kind of reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that there is no contingent crime, the details of the crime and the degree of indecent act committed by the defendant, etc., the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a 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 prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order and notification order shall be given to the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.