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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단1917
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 October 28, 2014, around 00:15, the Defendant made an indecent act by force against the victim by putting her hand under the victim’s clothes, her fingers, and her chests, etc., on the part of the victim C (n, 25 years of age) who had been killed before the victim her residence, she was able to do so only once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on the statement of C

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. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be suffered by the Defendant due to such order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc. of an order to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the order to disclose or notify personal information shall not be issued to the Defendant.

Considering the tangible power and the degree of indecent act committed by the defendant for the reason of sentencing, the defendant is considered.

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