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(영문) 수원지방법원 안양지원 2018.10.10 2018고단928
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 24, 2018, the Defendant, at the front parking lot of the C church located in the Manan-gu, Annan-gu, Annan-si, Annan-si, Annan-si, the Defendant would take the drinking together to D (the family name, the 24 years old) of the victim D (the 24 years old) who drank together.

말하여 피해자를 자신의 승용차에 태운 다음 갑자기 피해자의 입술에 뽀뽀를 하며 “ 술 깰 때까지 1 시간만 대실하자” 고 말을 하였다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E;

1. Application of Acts and subordinate statutes to a report on investigation (the details of vehicle black records);

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the primary offender; the fact that the defendant is the primary offender; the fact that the risk of recidivism of a sexual crime is likely to be low in light of the details and circumstances of the crime; the defendant may have an effect to prevent recidivism even after completing personal information registration and sexual assault treatment programs;

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by a sexual crime prevention effect, disadvantages and anticipated side effects of the defendant, there are special circumstances in which the defendant's personal information should not be disclosed or notified, or a juvenile-related institution, etc. should not order the restriction on employment to a juvenile-related institution.

The reason for sentencing seems to be that sexual humiliation or mental impulse caused by the instant crime, and the victim and the victim.

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