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(영문) 수원지방법원 2016.04.28 2015고단6220
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 November 5, 2015, the Defendant 22:40, around Pyeongtaek-si, 2015, followed the victim E (n.e., female, 22 years old) who walked to wait for subways from the subway platforms in Pyeongtaek-si C, and tried to get back the victim by saving his arms from the Gap himself, and then saving the victim with his hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. Application of CCTV CD-related Acts and subordinate statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant committed an indecent act by force against the victim by taking the victim's view from the subway platform by saving the victim's own view. Considering the content and method of the crime in this case, and the fact that the victim did not agree with the victim, the crime is not good.

However, in light of the fact that the defendant's mistake is recognized, is against the defendant's mind and is receiving a mental therapy, and the defendant does not repeat again in the future, the defendant takes into account the primary offender, and comprehensively takes into account all the sentencing conditions shown in the records, such as the defendant's age, family relationship, occupation, sexual behavior, etc., the sentence is ordered as ordered.

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 age of the defendant exempted from an order to disclose personal information, the risk of recidivism, the details and motive of the crime, the method and consequence of the crime.

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