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(영문) 의정부지방법원 고양지원 2015.12.30 2015고단2956
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 9, 2015, around 17:05, the Defendant tried to put the bus stops in order for the victim D (one person, remaining, 29 years old) who is the bus passengers of the above bus in order to put the bus stops on his own within the bus No. 3830, which passed through the bus stops in Yongsan-gu, Yongsan-gu, Sinsan-si. The Defendant committed an indecent act by forcing the victim to kis on the face of the victim when the victim resists and embars the bus.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to an investigation report (the result of the execution of a bus CCTV investigation and search, seizure and verification warrant);

1. Relevant Articles 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. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 to submit personal information to a competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be suffered by the Defendant due to such order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc. of an order to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the order to disclose or notify personal information shall not be issued to the Defendant.

The reason for sentencing is the type and history of the defendant.

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