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Reasons
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(영문) 창원지방법원 통영지원 2014.04.04 2013고단1000
강제추행
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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From April 2013, for the Defendant’s mother’s visit to medical care, the victim D (here, 46 years of age) found the Defendant’s residence as a caregiver and became aware of the victim.

1. At early 09:30 on July 2013, the Defendant committed an indecent act against a female by coercioning the victim’s face by using the victim’s face to the victim’s face, following the victim’s et al. living in the main room of the Defendant’s residence, 103 107 dong 107 dong 107.

2. On August 20, 2013, at around 09:30 on August 20, 2013, the Defendant committed an indecent act by force against a female by means of using the victim’s face to the victim’s face and turning the victim’s breast with two descendants, etc., followed by the victim, etc. who was living in his/her place of residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions and the choice of punishment under Article 298 of the Criminal Act concerning facts constituting an offense, and the choice of fines (such as the agreement that the defendant agreed at the investigation stage, the depth of the defendant and the husband of the victim want to find the wife of the defendant, and the absence of the same kind of criminal records);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts that are subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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 thus, is obligated to submit personal information to the head of the competent police office in accordance with

The defendant's age, occupation, criminal records, risk of recidivism, and judgment on whether to issue an order of disclosure or notification.

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