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(영문) 수원지방법원안산지원 2020.11.11 2020고정258
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

around 22:00 on June 18, 2019, the Defendant, at C’s house located in the B apartment Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong A and the victim D (Nam, 36 years of age) after drinking alcohol to the side of the victim who was divingd in the room after drinking alcohol, and her kn's hand was put into the victim’s clothes.

Accordingly, the defendant committed indecent act against the victim who is in a state of impossible failure.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to investigative reports on witness D and C's respective legal statements (the confirmation and attachment of files for recording telephone conversations between a suspect and a witness);

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

1. Articles 70 (1) 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 conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 obligated to submit personal information to a competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information or restrict employment. As such, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the proviso to Article 5

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