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(영문) 수원지방법원 성남지원 2017.10.20 2017고단2082
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 11, 2017, at the parking lot of building located in Gangnam-gu Seoul Metropolitan Government D around 01:05, the Defendant reported the appearance of the victim E (n, 38 years of age) suffering from the brine, and committed an indecent act by force by the Defendant’s left hand with his left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined as the same in light of the fact that the defendant is the primary offender, the fact that the defendant agreed smoothly with the victim, the degree of conduct is not severe, and other circumstances under Article 51 of the Criminal Act.

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 the head of the relevant agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

As such, an order to disclose or notify the defendant pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be issued.

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