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(영문) 수원지방법원 안양지원 2016.06.24 2015고단1849
준강제추행
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 27, 2015, the Defendant: (a) even though around 23:30 on October 27, 2015, the Defendant got off the victim D (V, 23 years of age) boarding the Defendant’s side of the train of the East subway No. 4; (b) was under the influence of alcohol; and (c) was under the expectation of the Defendant; and (d) was under the influence of alcohol, the Defendant was under the influence of the Defendant’s member E located in Ansan-si.

Since then, the defendant sited a victim on the event of the above E platform, and became the victim's grandchildren by holding the victim next to the victim.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where the conviction of the Defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information of 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 related agency pursuant to Article 43 of the above Act.

However, it can be effective to prevent recidivism to a certain extent only with the registration of personal information.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to 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.

It is so decided as per Disposition for the above reasons.

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