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(영문) 수원지방법원 여주지원 2015.10.05 2015고단37
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 19:30 on January 1, 2015, the Defendant: (a) reported the victim D (n, 44 years of age) who was moving to the 'C' front of the 'C' and was installed and moved to the c', and (b) followed by reporting the victim D (n, 44 years of age) who was moving to the c' ahead of the 'C', the Defendant committed an indecent act by force against the victim by forcing the victim to put the victim's shoulder into the c's seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of the place of crime;

1. Photographss of CCTV images for crime prevention;

1. Application of the Acts and subordinate statutes to capture CCTV images;

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 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 related agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Although the nature of the crime is not weak in light of the attitude of the crime for sentencing, the victim is the victim.

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