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(영문) 수원지방법원 성남지원 2019.06.04 2018고단2851
강제추행
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 September 23, 2018, the Defendant, at around 01:00, committed an indecent act by force against the victim D, who had been employed in a set machine installed at the same time, in the “Calling place” located on the first floor B of Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the victim’s statement is consistent, specific, and inconsistent with other objective evidence, and the witness’s appearance, attitude, and content of the statement before and after being sworn in the presence of a judge does not seem to have been false in light of the witness’s appearance, attitude, and contents, etc., so credibility is recognized);

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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 the defendant is obligated to submit personal information to a competent

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order, employment restriction order, etc., the Defendant’s disadvantage and anticipated side effects, the prevention of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the issuance of employment restrictions to children and juveniles-related institutions, etc. shall be determined as having special circumstances, and thus, the protection of children and juveniles against the sexual abuse shall not be ordered.

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