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(영문) 광주지방법원 2018.04.25 2017고단5829
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 September 29, 2017, around 04:30 on September 29, 2017, the Defendant: (a) entered a male water surface room in Gwangju Northern-gu, with a view to committing compulsory indecent act; and (b) laid the sexual organ of the victim E (39 years old) in his/her seat at that place; and (c) laid the sexual organ of the victim E (39 years old) into his/her seat as soon as possible.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime and the selection of fines (including the violation of one's mistake and the victim's failure to want the punishment by agreement with the victim)

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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