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(영문) 수원지방법원 2018.11.15 2018고단4535
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 May 25, 2018, the Defendant committed an indecent act on the part of the victim D (the victim, who was an employee, 38 years of age) several times in the fourth floor G singing practice room 3 in F at the time of harmony on May 23:12, 2018, and committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Application of CCTV video-related Acts and subordinate statutes to sing;

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 16 (2) 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. Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Declaration of Provisional Execution (in full view of the circumstances, such as the process and consequence of the instant crime, the degree of damage inflicted on the applicant, etc., it is reasonable to determine the consolation money of the applicant for compensation due to the instant damage as KRW 3,000,000);

Where the registration of personal information and the conviction of the accused to be submitted are finalized, 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 the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., there are special circumstances in which the disclosure of personal information may not be disclosed 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 against Sexual Abuse.

That is to be determined.

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