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(영문) 광주지방법원 2015.10.28 2015고단3568
준강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 02:00 on June 19, 2015, the Defendant, along with the members of a fishing club, including the victim, around 33 years of age, carried alcohol with the victim C (the 33 years of age) who was in Fawyang-gun B and 3 years of age, and carried the alcohol to the victim, and then the victim saved, saved, saved, saved with the victim’s clothes, and saved with the victim’s chest, saved with the victim’s clothes.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment, which constitutes a sex offense subject to registration, under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention of sexual assault crimes subject to registration, effect on the protection of the victim, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is for the recovery of damage.

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