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(영문) 수원지방법원 2015.07.16 2015고단2070
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 13, 2015, at around 18:50, the Defendant: (a) accessed the victim’s D (inn, 65 years of age) who wishes to enter the said restaurant in front of the cafeteria “C” restaurant located in G, Young-gu, Young-si; and (b) subsequently approaching the victim’s D (inn, 65 years of age). The Defendant forced the victim to commit an indecent act by force, since the victim’s her her her her m

2. The Defendant, at the same time and at the same place, committed an indecent act against the victim E (V, 55 years of age) who is a cafeteria in which the Defendant reported and recorded the Defendant’s daily activities in the said cafeteria, at the same time and at the same place, the Defendant forced the victim to do so on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to D and E;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each selective fine for punishment (such as reflectivity, expression of the victim's non-obsence in punishment, the defendant's previous convictions without the same criminal records, and the defendant's age of 66);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused 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 is obligated to submit personal information to a related agency pursuant to Article 43 of

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim.

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