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(영문) 수원지방법원 2014.04.18 2013고단6714
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On October 13, 2013, the Defendant committed an indecent act against the victim by exposing bicycles from the rear side of the Victim F (F, 20 years of age) in front of the "E," which is located in Suwon-si, Suwon-si, Suwon-si, 22:55 on October 13, 2013, and approaching them from the rear side of the Victim F (F, 20 years of age).

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. Each image of four copies of a global CCTV photograph;

1. Bicycle photographs;

1. G apartment CCTV photographs;

1. Investigation report (on-site visit details, etc.);

1. A report on investigation (place and route of movement);

1. A criminal investigation report (including submission of a suspect's medical certificate and a medical certificate attached thereto);

1. An investigation report (the presumption of the time required for moving CCTV to G apartment at the criminal place);

1. Application of Acts and subordinate statutes in Part II to Internet guidance;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The nature of the crime cannot be deemed to be light in light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

However, considering the circumstances, such as the fact that the defendant is a primary offender, the degree of indecent act is not serious, and the defendant seems to have been partially memory lost, and the fact that it is difficult to deem that the defendant is in danger of recidivism solely on the ground that he/she contests the crime, the punishment was determined as ordered by taking into account all the sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime.

Where a conviction becomes final and conclusive against a defendant on the criminal facts in the judgment that are subject to the registration of personal information, the defendant is a person subject to registration of personal information pursuant to 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 relevant agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and result of exemption from disclosure or notification order.

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