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(영문) 의정부지방법원 고양지원 2014.02.19 2013고정1512
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 26, 2012, around 18:00 on September 26, 2012, the Defendant: (a) was on the top of a passenger car set operated by the Victim C (A, B, 57 years of age) in the vicinity of the Park, and was forced to commit an indecent act by force on the part of the Victim C.

Summary of Evidence

1. The statement of part of the protocol concerning the examination of the accused by the prosecution (including the statement ofC);

1. Application of Acts and subordinate statutes of police statement protocol to C

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. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 33 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism (the Defendant had no previous record of the same kind before the instant case), type, motive, process, consequence and seriousness of the instant crime, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued in accordance with the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in light of the following factors: (a) the Defendant’s age, occupation, risk of recidivism (the Defendant had never

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