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(영문) 수원지방법원 안양지원 2018.06.08 2018고단270
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 21, 2018, the Defendant, while drinking alcohol at D main points in the operation of the Victim C (Fel, 44 years old) located in Ansan-si, the Defendant committed an indecent act by force against the victim by cutting off his arms before the victim, putting his arms on the victim’s shoulder, putting his own arms on the victim’s left chest, making the victim’s left chest only.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigative reports and telephone communications;

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 sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of a crime in light of the background and content of the crime, it is not against the defendant’s mistake, and various sentencing conditions, such as the defendant’s age, sex, occupation, etc., are taken into consideration equally with the fact that the defendant does not want punishment against the defendant, and that the defendant’s age, sex, occupation, etc. In a case where a conviction against the defendant is finalized with respect to the criminal facts in the judgment that are 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 obliged to submit personal

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims, etc.

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