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(영문) 수원지방법원 여주지원 2018.10.12 2018고단712
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant, at around 20:59, committed an indecent act against the victim E (name, franite, 20 years of age, and Vietnam) at the restaurant where the victim E (name, franc, franc, 20 years of age, franc, and francing together with francing, committed an indecent act on the part of the victim, who arranged the next table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. On-site CCTV photographs;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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. In full view of various circumstances, such as the Defendant’s age, sex, environment, social relationship, risk of recidivism, the disclosure and notification order of this case, and the effect expected by an employment restriction order, and the disadvantages and side effects therefrom, there is a special reason not to issue an order to disclose or notify the Defendant’s personal information and an employment restriction order, comprehensively taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) the proviso to Article 49(1) of the Act on the Protection of Children against Sexual Abuse; and (c) Articles 50(1) of the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse;

In a case where a conviction becomes final and conclusive with respect to a crime of indecent act committed in the judgment that is subject to registration and submission of new information, the Defendant 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 the competent agency pursuant to Article 43 of the same Act.

The fact that there has been a history of punishment for the same kind of crime for the reason of sentencing shall be considered in terms of unfavorable circumstances, but it is relatively minor that the perception and the attitude of the act is relatively minor.

such terms and conditions as may be seen, the fact that it was one-time action, the agreed fact, etc. shall be considered in favor of others.

In this context, Article 51 of the Criminal Code, such as the defendant's age, sex, and environment, is all the types of crimes.

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