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(영문) 수원지방법원 2016.03.31 2015고단5116
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 2, 2015, at around 05:30, the Defendant committed an indecent act by force against the victim F (hereinafter “E”), such as holding the victim F (hereinafter “F”), seated with the victim’s own hand, raising the loss on the victim’s shoulder.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have committed an indecent act against the victim’s will and the nature of the crime is not good, the sentence is rendered as ordered, considering the following factors: (a) the Defendant’s mistake is divided and reflected; (b) the Defendant has agreed with the victim; and (c) the Defendant has no record of punishment for the same kind of crime; and (d) other all the sentencing conditions indicated in the records, such as the degree of the indecent act in this case; (b) the background leading up to the crime; (c) the Defendant’s age, sexual behavior;

Where a conviction becomes final and conclusive on a criminal fact stated in the judgment that is a sex offense subject to registration and submission 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 the competent agency pursuant to Article 43 of

The Defendant’s age of exemption from an order to disclose personal information, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, and the effect of protecting victims, etc. shall be considered comprehensively.

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