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(영문) 의정부지방법원 2015.06.19 2014고단3691
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 September 15, 2014, at around 19:30 on September 15, 2014, the Defendant: (a) reported that the victim E, who was aware of the fright in front of the D convenience store in Dongbcheon-si, was seated along with the fright to the convenience store and talked with the fright to the convenience store; (b) made the victim’s right-hand hand into the left hand and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include reflectivity on the defendant's mistake, the fact that the defendant has agreed with the victim, the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and other factors of sentencing under each subparagraph of Article 51 of the Criminal Act. Where the conviction of the defendant against the criminal facts in the judgment that constitute a sex crime subject to registration of personal information becomes final and conclusive, the defendant 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., personal information is subject to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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