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(영문) 수원지방법원 안산지원 2013.10.16 2012고정2198
강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 03:00 on July 27, 201, the Defendant discovered the victim D (n, 16 years of age) who calls in front of the convenience store C located in the Dong-gu, Ansan-si, the Defendant made indecent act by compulsion of the victim by force, following the victim's bridge by hand, and continuing to meet the victim's chest and sound.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Complaint;

1. Application of related Acts and subordinate statutes;

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

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

3. Where a judgment to submit personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 42 (1) and 2 (1) 3 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 competent police office pursuant to Article 43 of the above Act.

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

In principle, in a case where the accused who committed a sexual crime of determining whether to impose a program order is convicted of a fine, an order to complete a program should be imposed (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the summary order of this case, the accused did not impose an order to complete a program, etc. on the accused, and only the accused

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