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(영문) 수원지방법원 2016.10.06 2016고단4346
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

At around 00:10 on April 30, 2016, the Defendant found the Victim F (M, 18 years of age) who had danced at the Switzerland, and committed an indecent act by force by inserting the Victim’s right chest by inserting the fingers below, and turning the Victim’s right chest on one occasion after the Victim’s back.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the defendant committed indecent act by compulsion by force by driving the victim's chest. Considering the contents of the crime, the method of indecent act, the circumstances before and after the crime, etc., the nature of the crime is poor.

However, in consideration of the fact that the defendant's mistake is recognized, is against the first offender, the agreement with the victim, etc., and the overall sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, are considered, the sentence is imposed as ordered.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, 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 the competent agency pursuant to Article

The personal information shall not be disclosed or notified in comprehensive consideration of the defendant's age, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved due to such order, the effect of protecting the victim, etc.

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