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(영문) 광주지방법원 2016.12.02 2016고단4270
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

1. On July 22, 2016, around 23:00 on July 22, 2016, the Defendant: (a) had the victim reported TV at the PC in Seo-gu, Seo-gu, Gwangju; (b) had the victim access to the victim so that the victim would face the victim’s will toward the Defendant; and (c) had the victim go against the victim’s hand; and (d) had the victim go against the bucks by placing the bucks on the buckbuck paper and by hand.

2. Around July 23, 2016, the Defendant, at around 22:30 on July 23, 2016, had the victim reported TV on the said PC, attempted to make indecent act by force, and had the victim access to the victim, thereby having contacted the victim with the Defendant’s entrance.

Accordingly, the Defendant committed indecent acts by compulsion on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Act and subordinate statutes to the statement statement made by the police first time to the victim;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which 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 the defendant is obligated to submit personal information to the head

The personal information shall be personal information when comprehensively considering the following circumstances: the defendant's age, occupation, family environment, social relationship, criminal records and the risk of re-offending, profits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects resulting therefrom.

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