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(영문) 춘천지방법원 영월지원 2015.04.07 2015고단49
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

Around 06:20 on December 16, 2014, the Defendant committed an indecent act by force against the victim, such as: (a) the victim D (inns, 21 years of age) and drinking in a C dormitory located in Gangwon-gun B; and (b) the victim’s shoulder was satisfing to his/her own seat by satisfing the shoulder of the victim; and (c) the Defendant forced him/her to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning criminal facts and Article 298 of the Criminal Act concerning the choice of punishment;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 to submit personal information to a competent agency pursuant to Article 43 of the same Act.

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 the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of the crime in this case, seriousness of the crime, and anticipated side effects of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sexual crimes subject to registration which may be achieved thereby, and the effect of protecting the victims thereof, etc.

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