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(영문) 수원지방법원 2015.11.26 2015고단4671
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 August 13, 2015, at around 00:25, the Defendant: (a) placed a road near Suwon-si B in Suwon-si, Suwon-si on August 13, 2015, and (b) committed an indecent act compulsorily by force against the Victim C (A.M. 19 years of age) with the victim’s own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written statements of D;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine (to be determined by a fine in consideration of the fact that the accused is the first offender, the aged of 63 years, and the amount thereof shall be determined by taking into account the parts and degree of indecent act, the mental impulse and sense of sexual shame received by the victim, the degree of sexual humiliation and sense of shame, the victim's age, etc.);

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 becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in 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 related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order shall be given to the Defendant on the grounds that there are special circumstances where the disclosure or notification of personal information may not be given pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children

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