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(영문) 수원지방법원 안산지원 2018.10.05 2018고단1546
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 15, 2018, the Defendant, at around 22:35, committed an indecent act by force against the victim, who was an employee of the victim D (V, 44 years old) who was under the influence of alcohol in the 7th room of entertainment week, and who was under the influence of alcohol at around 22:35 on February 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of CCTV Acts and subordinate statutes;

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, details 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 disclosure order and employment restriction order, the preventive effect and effect of the sexual crime subject to registration that can be achieved, the effect of the victim protection, etc., there are special circumstances in which the Defendant may not disclose personal information or place employment restrictions.

Since it is determined, an order of disclosure, notification and employment restriction order shall not be issued to the defendant.

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