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(영문) 수원지방법원 안산지원 2020.01.08 2019고단599
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 28, 2018, the Defendant: (a) was on the part of the C Station underground reporting stairs located in Ansan-si, a member-gu, Agsan-si; (b) discovered the victim D (at the age of 24); (c) made it possible for the victim to use the victim’s knee-de to the knebbbbbbs located in Ansan-si; and (d) committed an indecent act by force against the victim.

Summary of Evidence

1. Application of each police protocol of statement to D and E;

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

1. Articles 70 (1) 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. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the crime subject to registration, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose or notify personal information or restrict employment. As such, Article 47(1) and Article 49(1) 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), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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