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(영문) 의정부지방법원 2016.04.18 2015고단4067
준강제추행
Text

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

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

Reasons

Punishment of the crime

On August 31, 2015, at around 05:40, the Defendant got locked in a soup room in the joint water area B at the Namyang-si, Namyang-si, 2015, and came up on the body of the injured party by taking out his bridge back to the victim D (W, 20 years of age). The Defendant got out of the victim's left breast part of the victim's chest with the son's hand.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV-recording CD-related Acts and subordinate statutes;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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) the Defendant’s act of sentencing is aware of his/her mental impulse that he/she had committed to the victim; (b) the Defendant did not have the same criminal record; (c) the Defendant did not have any same criminal record; and (d) the Defendant’s age, sexual conduct, and circumstances after the commission of the crime; and (b) the Defendant

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 that may be achieved, and the protection effect of the victim, etc., the personal information shall not be disclosed.

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