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(영문) 의정부지방법원 고양지원 2015.05.01 2015고단338
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 December 12, 2012, the Defendant was sentenced to two years of imprisonment or three years of suspended execution for violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), in the Suwon District Court’s Ansan Branch on December 12, 2012, and the said judgment became final and conclusive on June 5, 2013 and is currently under suspended execution.

On September 25, 2014, at around 05:20 on September 25, 2014, the Defendant: (a) in a male and female public toilet of the first floor of the C building in Pakistan, (b) reported the use side and discovered the victim D (the age of 31) emitted from the use side, and (c) committed an indecent act by force on both breasts of the victim by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of D;

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 of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant to

The reason for sentencing.

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