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(영문) 수원지방법원 안산지원 2018.03.14 2017고단3444
강제추행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 30, 201, the Defendant committed an indecent act by force on July 14:01, 201, at the front corridor of one polling station in the second place of “D bicycle race track” in C, the second floor of “D bicycle race track”, and on the rear side of the victim E (n, 45 years of age) engaged in the receipt and disbursement of money at that place, and committed an indecent act by force.

2. On July 30, 2017, the Defendant attempted to commit an indecent act by force on July 16:19, 2017, in front of the automatic ticket office at the place indicated in the preceding paragraph, and the Defendant attempted to commit an indecent act by having contacted the victim’s chest with his arms, but the Defendant failed to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written E;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of a penalty under Article 298 of the Criminal Act (the point of compulsory indecent act), Articles 300 and 298 of the Criminal Act (the point of attempted indecent act by force)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 and submission of 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 competent agency pursuant to Article 43 of the same Act.

When comprehensively considering the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances in which the Defendant may not disclose personal information.

Therefore, the defendant is judged.

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