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(영문) 수원지방법원 안양지원 2016.10.26 2016고단1342
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 April 23, 2016, the Defendant committed an indecent act by force against the victim, such as: (a) in the vicinity of the main unit of “C” located in Ansan-si, the Defendant, while under the influence of alcohol, talking with the victim D (n, 60 years of age) who is the owner of the said main shop in the front line; (b) the victim sittinged in the wheelchairs; (c) the victim’s right chest with the left hand; and (d) the victim was able to use the victim’s right bridge by spreading his hand even though the victim sustained his/her hand; and (e) the victim was able to use the victim’s right bridge by spreading his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report of investigation (No. 1 No. 5 of the evidence list), application of investigation report (a statement of a suspect and CCTV contents) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. In light of the background and details of the crime for sentencing under Article 334(1) of the Criminal Procedure Act, methods and poor circumstances before and after the crime, etc., the crime is committed; however, there is no history of sexual crime; the victim does not want punishment against the defendant; and various sentencing conditions, such as the age, character and conduct, occupation and family relationship of the defendant, etc. Where the conviction against the defendant 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 related agencies pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order of personal information is expected to be disadvantageous to the defendant due to the defendant's age, occupation, risk of recidivism, method and consequence of the crime, and seriousness of the crime.

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