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(영문) 수원지방법원 2018.10.15 2017고단8505
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 September 30, 2017, the Defendant: (a) committed an indecent act by force on the part of the victim G (around 23:00 on September 30, 2017) following the victim G (around 24 years of age) who talks with other people in Pyeongtaek-si E; (b) her left hand with his her her her her her her her her her her her fel

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with respect to G (tentative name);

1. Each statement of H:

1. Report on internal investigation (specific personal information of the suspected person), identification card;

1. Investigation report (CCTV analysis data), CCTV analysis photographs and images;

1. A report on investigation (Attachment to on-site photographs), and field photographs;

1. A report on investigation (a written statement of reference witnesses);

1. A criminal investigation report (CCTV verification) and CCTV analysis flime photograph;

1. Application of Acts and subordinate statutes to CCTV 1 CDs and CCTV shots for the improvement of chemical quality;

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. Children and juveniles exempt from an employment restriction order;

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