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(영문) 광주지방법원 2016.07.22 2016고단1880

강제추행

Text

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

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

Reasons

Punishment of the crime

On April 22, 2016, around 23:35, the Defendant: (a) committed an indecent act by reporting the Victim F (n, 30 years of age) who was walking the Defendant and the Defendant near the subway E Station located in Gwangju-si, Gwangju-si, with intent to force the indecent act on the roads near the subway E Station; and (b) in the victim side, the Defendant sent the Victim G (n, 18 years of age) one time by hand to the victim; and (c) continued to walk the Victim F after the victim F, reported the Victim G (n, 18 years of age) with intent to force the indecent act; and (d) the victim’s negative part was only limited to one time by hand.

Accordingly, the defendant committed each indecent act against the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to the statement of each police statement made to H and I;

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a judgment of conviction on a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.