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(영문) 수원지방법원 2013.12.19 2013고단5116
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 2013, the Defendant: (a) had the mind that the victim E (V) was engaged in cleaning toilets in the 2nd female toilets located in Suwon-si, Suwon-si, Suwon-si; (b) had the mind that the Defendant had the victim E (V) who was engaged in the business of cleaning toilets in the D2 female toilets located in Suwon-si, Suwon-si, Suwon-si; (c) had the female knife his hand in his/her clothes.

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

2. On August 28, 2013, around 08:30 on August 28, 2013, the Defendant drinked the above E, which is cleaning toilets at the above place, in order to indecent act by compulsion, and her woman delivered her chest by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act (Selection of a fine in consideration of the fact that the defendant is against his/her will and that the victim does not want the punishment of the defendant);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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 judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 obliged to submit personal information

In full view of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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