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(영문) 수원지방법원 성남지원 2019.08.27 2018고단2683
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 4, 2018, at around 19:40, the Defendant committed an indecent act by force on the part of the victim C (20 years of age, women) who sold goods at the selling stand of the first floor of the building in Sungnam-si, Sungnam-si, Manam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement (the victim’s statement is consistent, specific, and inconsistent with other objective evidence, and the witness’s appearance, attitude, and content of the statement before and after being sworn in the presence of a judge does not seem to have been false in light of the witness’s appearance, attitude, and statement, and thus, its credibility is recognized);

1. Application of statutes governing on-site CCTV CDs;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, 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 obligated to submit personal information to a competent agency pursuant

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure and notification order, the degree of disadvantage and expected side effects of the defendant's entrance, prevention of sex crimes subject to registration that can be achieved thereby, and the protection effect of the victim, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to Article 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Exemption from an employment restriction order.

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