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(영문) 수원지방법원 안양지원 2017.03.17 2016고단1903
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 5, 2016, at the D convenience store located in Seocho-gu Seoul Metropolitan Government around September 23:18, 2016, the Defendant committed an indecent act on the victim E (the victim E, 27 years of age, and Ga) who works at the place, was informed about beverages by taking advantage of his/her care, by raising his/her hand over the right shoulder of the victim, and by raising the victim’s humf to the right shoulder, and by raising the victim’s humf with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes on the CCTV screen to a CCTV image closure;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 is due to - Unfavorable circumstances: the fact that the instant crime was committed even if there was a previous conviction of a fine for the same kind of a fine in around 2014; the fact that the commission of the instant crime was committed; the degree of conduct is not relatively heavy; the victim does not want to be punished against the Defendant; the victim does not have any previous convictions exceeding the fine; - Other circumstances: where the conviction of the Defendant against the criminal facts in the judgment that constitute a sex offense subject to registration, such as the Defendant’s age, sex behavior, occupation, family relationship, etc., becomes final and conclusive, the Defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the victim protection, in a comprehensive manner.

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