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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3471
강제추행
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 2, 2016, at around 00:30, the Defendant: (a) reported the victim G (a) placed in front of the F elementary school located in Gwangju-si, G (a 19 years of age) on the front of the F elementary school located in Gwangju-si; and (b) followed the victim, the Defendant forced the victim to do his her her her her her her her her her her her her her t

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Application of each statute on photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant committed the instant crime within the repeated crime period, etc. that is disadvantageous to the Defendant.

However, if a conviction becomes final and conclusive on the facts constituting a crime in which the defendant is led to confession and reflect, the fact that the defendant has agreed with the victim, the fact that the victim suffers from mental illness, the fact that the degree of prosecution is relatively heavy, etc., taking into account the circumstances favorable to the defendant, and the fact that the defendant is not a relatively heavy figure, taking into account all other factors of sentencing into account, 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 competent agency pursuant to Article 43 of the same Act

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the victim protection, etc.

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