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(영문) 수원지방법원 2018.11.08 2018고단5294
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 31, 2018, the Defendant: (a) accessed the bicycle in front of the C toilets located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and accessed the bicycle to the victim D with the bicycle, and (b) called “Mon B, 21 years of age, and Handphone”; (c) however, the victim neglected this and kiddoned to the toilet and kidoned to the toilet; and (d) followed by driving away from the said bicycle, the Defendant committed an indecent act against the victim by putting the victim’s amblock at his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on CCTV image data at the scene of occurrence;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act of the choice of punishment, and the choice of a fine (in consideration of the fact that the degree of punishment is relatively insignificant and that there is no record of punishment in the Republic of Korea);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentences of Article 16 (2) and (3) 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. Where the registration of personal information and the judgment of conviction against the accused under Article 56(1) main sentence of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) becomes final and conclusive, the accused 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 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, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively considering the Defendant’s age, occupation, nationality, risk of repeating a crime, details and motive of a crime, the method and seriousness of a crime, the degree of disadvantage and side effect that the Defendant may sustain due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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