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(영문) 수원지방법원 2018.09.20 2018고단3496
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 November 24, 2017, at the main point of "C" located in Suwon-si B, Suwon-si on November 24, 2017, the Defendant committed an indecent act by force against the victim D (the age of 22) on the part of the Defendant at his/her own expense.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. 112 A list of reported cases;

1. Application of each Act and subordinate statutes to crimes CCTV CDs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. If a conviction on the instant criminal facts subject to the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed 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, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the defendant is not ordered to disclose or notify the information.

The victim, who had worked at the main point due to the crime of this case by the defendant for the reason of sentencing, has a considerable sense of sexual humiliation.

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