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(영문) 수원지방법원 2016.10.20 2016고단4184
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 28, 2016, around 00:50, the Defendant committed an indecent act against the victim by force, on the following grounds: (a) on the victim D (one’s name, one’s age, 22) who used a toilet in front of the entrance of the “C Posium” entrance; and (b) on the other hand, the Defendant committed an indecent act against the victim by force: (c) making the victim frightly with his own kept and forced kid;

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the investigation report (the relative telephone investigation of ray E);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the Defendant: (a) committed indecent act by force by force by using the victim himself/herself; and (b) in light of the circumstances leading to the crime, method of indecent act, etc., the nature of the crime is inferior.

In addition, the fact that the defendant did not agree with the victim until now is disadvantageous to the defendant.

However, in light of the defendant's age, character and conduct, occupation, and circumstances before and after the crime, etc., all the sentencing conditions specified in the records and arguments shall be determined as ordered by considering the fact that the defendant is erroneous and that the defendant is the first offender.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, 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 the competent agency pursuant to Article

The age of the defendant exempted from an order to disclose personal information, the risk of recidivism, the contents and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the order to disclose or notify personal information, and the prevention and effect of sexual crimes subject to registration which may be achieved due to such order.

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