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(영문) 수원지방법원 2016.01.11 2015고단4909
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant, at around 00:40 between 00 and 00:50, committed an indecent act by force on the victim’s own hand floor by reporting the victim D (n, 21 years old) who passed his/her place in front of Suwon-si, and committing sexual desire to commit himself/herself.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV-storage Acts and subordinate statutes;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment (the amount shall be determined by taking into consideration the fact that the defendant appears to have committed an act of drinking alcohol and contingently, the fact that the defendant is a primary offender, reflects the fact that the defendant is a relatively old young adult, the defendant's family members want to take up his/her wife against the defendant, and the amount thereof shall be determined by taking into account the details and degree of his/her conduct, the time he/she committed the crime, the time he/she committed the crime, and the fact that the defendant's family members did not receive an

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 to be submitted with 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 relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., 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 of Children and Juveniles against Sexual Abuse.

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