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(영문) 창원지방법원 2018.01.30 2017고단1311
강제추행
Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On March 10, 2017, at around 13:00, the Defendant: (a) committed an indecent act against the victim by forcing the victim to commit a indecent act on the victim’s own hand, with his/her her am am am am her am her am her am her am her am her am her am her am her am her am her am her am on the cell phone game run by the victim E (the 25-year old) model before the D store.

Summary of Evidence

Application of the Police Statement No. 112 Report No. 112 to the Defendant’s legal statement E

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

3. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order does not focus on the degree of indecent act committed on the grounds of sentencing, and the defendant selects a fine as the first offender, but continuously demands the victim to reach an unwritten agreement and increases damage, etc., and thus the defendant is seriously against the defendant.

In light of the unfavorable circumstances, the punishment as ordered shall be determined.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be subject to the registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.

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