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(영문) 수원지방법원 2020.01.08 2019고정1506
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is not aware of the victim B (a life, a woman).

On May 27, 2019, at around 20:05, the Defendant: (a) discovered and imprisoned a victim coming from the front side of Suwon-si C, and “D”, and had the victim her hand licked the part of the victim’s left her hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to B by the police;

1. A report on internal investigation (the confirmation of a suspected victim's escape route and surrounding CCTV), investigation report (an investigation into the title holder of the BC card used at the time of escape by bus), and investigation report (a detailed statement of handling the 112 reported case);

1. Application of the Acts and subordinate statutes to photographs of transportation cards used by the suspect at the time of escape;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the defendant's mistake as the first offender and reflects it, the victim's payment of 2.5 million won and agreed that the victim does not want the punishment against the defendant, and the defendant's age, character and conduct, environment, motive, means and procedure of the crime, circumstances after the crime, etc. shall be determined as ordered by taking into consideration all circumstances.

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, content of the crime of this case, disclosure order, or notification order exempted from disclosure or notification order is limited to the extent of disadvantage the defendant suffers.

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