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(영문) 수원지방법원 안산지원 2017.10.18 2017고단2340
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person working as a maintenance worker at the K Center in the name of "C," located in Ansan-si, a member-gu, and the victim D (n, 27 years of age) is a woman-friendly group of E who engages in a high-ranking car sales business with the above K Center as a trading partner and becomes aware of the Defendant with the introduction of the above E.

1. On May 20, 2017, the Defendant: (a) committed an indecent act by force against the victim, while he/she was engaged in fishing with the victim, E, etc. at the breakwater near the G bathing beach site located in Boh City F on May 20, 2017; (b) when he/she was forced to wear the victim’s left part of the victim, he/she committed an indecent act by force.

2. On May 27, 2017, the Defendant, at around 19:30 on May 27, 2017, committed an indecent act by force against the victim by putting his or her animals into the victim’s right breac with whom he or she had been forced to fish in the warehouse of the said C2st floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, contents 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 of the sexual crime subject to registration that can be achieved due to such problems, and the effect of protecting the victims.

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