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(영문) 수원지방법원 안양지원 2018.05.11 2017고단500
강제추행등
Text

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

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

Reasons

Punishment of the crime

1. On December 8, 2016, the Defendant forced indecent act committed an indecent act: (a) the victim E (a) who was walking along the way with the husband D (the name, female, and the age of 45) on the road adjacent to the Manyang-si, Manyang-si, Mayang-si, in his own direction, she saw the victim E (the name, female, and the age of 45) on a one-time basis; and (b) committed an indecent act by force on the part of the victim.

2. On the same day as above 1, the Defendant committed an indecent act in which the victim D (a name, 55 years of age) committed an act like the Defendant’s above 1 at the same place as above 1, and assaulted the victim by taking the victim’s face twice on his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E and D;

1. Application of statutes on site photographs;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of a crime in light of the background and content of the crime, etc., however, it is deemed that the Defendant erred by the age of 63 years, and that there is no past record of a sex crime or criminal punishment, and various conditions of sentencing, such as character, conduct, occupation, and family relationship of the Defendant. In a case where a conviction of the Defendant against the crime of indecent act committed by force, which is a sex offense subject to registration and submission of personal information, becomes 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, the Defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

The registration period of personal information against the defendant is ten years in accordance with Article 45 (1) 4 and 45 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the above period is the short term during the registration period of personal information.

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