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(영문) 수원지방법원안양지원 2020.08.19 2020고단471
준강제추행
Text

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

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

Reasons

A. The Defendant is a person who was a male-child of the victim B (here, 54 years of age).

At around 02:00 on September 28, 2019, the Defendant committed an indecent act against the victim by escaping from the panty of the victim, who was suffering from the panty in his/her dwelling room***. The Defendant committed an indecent act against the victim with his/her sexual organ by her fingers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (Evidence submitted by a victim's attorney-at-law);

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus

In full view of the Defendant’s age, record, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of a sexual crime subject to registration to be achieved by an order to disclose or notify, and the effect of the protection of the victim, etc., the Defendant is determined to have any special circumstance that may not disclose or notify personal information. As such, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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