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(영문) 수원지방법원 평택지원 2016.03.31 2015고단1824
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 25, 2015, around 18:00, the Defendant, under the influence of alcohol on the front side of the D-way located in Hanam-si C, and without any justifiable reason, tried to use the victim’s right side side her on a holdter by a sudden hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act that selects punishment, and the choice of fines;

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. The sentence shall be determined as per the order, in consideration of the fact that there is a record of being punished for the same crime as the sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment, that the victim wants to punish the defendant, that the victim is a contingent crime and is divided, that two million won is deposited for the victim, that the defendant's age, economic situation, etc.

Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the crime of sexual assault crime subject to registration and change of personal information, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

That is to be determined.

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