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(영문) 수원지방법원 2018.12.13 2018고단5875
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 29, 2018, the Defendant committed an indecent act against the victim E (the victim E, 24 years of age, 14 years of age, 24 years of age, 24 years of age) on the street around Suwon-si, Suwon-si, Suwon-si, Seoul, on the street around 02:37.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Each investigation report (such as on-site situations, CCTV data from places in which such data are discovered, extracted, analyzed, etc.);

1. Application of the Acts and subordinate statutes on CCTVs, such as field photographs, CCTV closure data for crime prevention, and CCTV images CDs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. There are special circumstances in which it is impossible to impose an order to complete a program, because it is difficult to expect effectiveness of recidivism due to a foreigner’s failure to communicate with the Korean language without smooth communication, and thus, it is difficult to do so;

[Judgment]

1. Taking into account the nationality, age, and living environment of a defendant, the type and motive of a crime, the process of a crime, the seriousness of a result and a crime, the degree of disadvantage and anticipated side effects of a defendant's entry due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc., and other special circumstances under which the defendant's personal information shall not be disclosed or notified.

[Judgment]

1. Circumstances unfavorable to the defendant with reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The crime committed by having the victim suffer emotional distress, such as a considerable sense of sexual shame;

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