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(영문) 수원지방법원 안산지원 2019.08.09 2019고단1052
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 6, 2018, the Defendant engaged in indecent acts by force by force on both chests of the victim D (the age of 43) who were seated on the part of the Defendant at the 'C' singing room located in Ansan-si, Sinsan-si on November 21, 2018, as they use both breasts of the victim D (the age of 43) who was seated on the part of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D’s legal statement [The evidence duly adopted and examined by this court is that the victim has a consistent and specific statement in the investigative agency and this court as a substitute for the crime of this case, its previous and subsequent circumstances, and there is no unreasonable or contradictory part in the statement, and the victim does not appear to have any circumstance to make a false statement. Thus, the victim’s statement is credibility] applicable to the law.

1. Article 298 of the Criminal Act and Article 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is 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

In full view of the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure notification order and employment restriction order, the preventive effect of the sexual crime subject to registration that can be achieved thereby, the victim protection effect, etc., the defendant's personal information shall be personal information.

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