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(영문) 춘천지방법원 영월지원 2016.11.08 2016고단352
강제추행
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 17, 2016, at around 01:58, the Defendant committed an indecent act against the victim C (the name of the victim), who passed a bed, in the vicinity of the Gangwon-gun B, Gangwon-gu, Seoul Special Metropolitan City, by drinking the victim C (the name of the victim), by inserting his hand, putting his hand into the victim's inner part, putting his hand into the victim's inner part, and committing an indecent act on the victim's chest.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning C (tentative name);

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article 298 of the Criminal Act and Article 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; 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 (i.e., the Defendant’s age, occupation, family environment, social ties, risk of recidivism, benefits and preventive effects expected from the disclosure order or notification order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which disclosure or notification of the Defendant’s personal information shall not be disclosed or notified; ii) where the conviction of the Defendant on the criminal facts indicated in the judgment on the registration of personal information becomes final and conclusive, the Defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

Although the reason for sentencing is not that of indecent act committed by the defendant against the victim, there is no criminal record against the defendant, the victim does not want the punishment by mutual consent with the victim, the family and the defendant.

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