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(영문) 수원지방법원 안양지원 2017.09.27 2016고단2081
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 24, 2016, the Defendant, at the main point of “E” located in Yongsan-gu Seoul Metropolitan Government, around 02:05, committed an indecent act by force against the victim by putting the victim’s right knife with his hand, who was an employee of the victim F (n, 21 years of age), who was arranging the table table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A written statement of the G production;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Article 334(1) of the Criminal Procedure Act provides that the sentencing of a criminal defendant under Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be limited to the case where a conviction against the defendant is finalized on the facts constituting a sex crime subject to registration and submission of personal information, such as the defendant's age, sexual conduct, occupation, family relation, etc., although the nature of the crime is not less and less than that of the crime in light of the circumstances and contents of the crime; the fact that there was no record of criminal punishment since entry into the Republic of Korea; and other circumstances: where the conviction against the defendant is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.

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