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(영문) 수원지방법원 평택지원 2019.06.27 2019고정53
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

On July 16, 2018, at around 13:10, the Defendant: (a) carried the victim E (U.S., female, 19 years old) on the D taxi platform operated by the Defendant in Pyeongtaek-si B as a customer; and (b) used the part of the victim who was seated in the back seat of Pyeongtaek-siF on one occasion, and committed an indecent act by force against the victim, by making the left chest only once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1. Articles 70 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order does not significantly restrict the intention and degree of indecent conduct on the grounds of sentencing, and the amount of fine for the summary order shall be reduced somewhat by taking into account the fact that the defendant has no criminal history of the same kind of crime.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is subject to registration and submission of personal information, 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 the relevant agency pursuant to

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order or employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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