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(영문) 수원지방법원 2020.05.14 2020고정219
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 29, 2019, around 22:30 on October 29, 2019, the Defendant, within the "C" located in the 3rd floor of the Bupyeong-gu Incheon Bupyeong-gu B building, Bupyeong-gu, Incheon, caused a dispute with the victim D (the 24 years of age), and subsequently, the victim was defective in the settlement, and the defendant was pool, thereby committing an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated 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 the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 4

In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, criminal records, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account: (a) the degree of disadvantage and anticipated side effects of the Defendant’s suffering; (b) the prevention and effect of sexual crimes subject to registration that may be achieved therefrom; (c) the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (d) the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1); and (e) the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (e) other special circumstances that shall not restrict employment.

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