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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1667
준강제추행
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

The defendant is a relationship between the victim B (n, 20 years of age) and the victim B (n, 20 years of age), which does not have a common sense.

On April 5, 2018, the Defendant: (a) carried the victim’s chests in the official room inside “D Sarina” located in Singu, Singu, in the right side of the victim, who was divingd up to a sniff, on the top of each set; (b) put his left hand onto the chest of the victim; and (c) put the victim’s chests into the chest, with the left hand, etc., on several occasions.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A E-document;

1. Application of the Acts and subordinate statutes concerning the closure of field CCTV images;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances in which the Defendant may not disclose personal information.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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