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(영문) 수원지방법원 2020.02.14 2019고정1404
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

The defendant and the victim B (name, life, and life) are all known.

피고인은 2019. 5. 31. 23:17경 수원시 영통구 C에 있는, D 옆 골목에서 맞은편에서 걸어오는 피해자를 발견하고 추행할 것을 마음먹고 피해자를 향해 걸어가 갑자기 오른손을 피해자의 가슴을 향해 뻗어 팔짱을 끼고 있던 피해자의 왼쪽 팔과 배 부위를 만졌다.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs (the suspect's head of the crime scene) ;

1. Application of investigation reports (to photographs of a suspect at the time of committing a crime A), photographs (to clothes and shoes brought by a suspect at the time of committing a crime) and Acts and subordinate statutes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information is finalized on the judgment that 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, the defendant 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 recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the personal information shall not be disclosed or notified.

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