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(영문) 수원지방법원 안산지원 2018.03.21 2018고정96
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

While the Defendant used a real-time app called “B” typeed app, the Defendant was able to get home under the influence of alcohol with the victim C (the 19 years of age) who was to return home and the car pool, and was on board the victim on the back seat of the D Lasta car operated by the Defendant.

On September 15, 2017, the Defendant: (a) on September 15, 2017, when light view around 01:48, the housing in E was set up a car in the neighboring parking lot; (b) when the victim, who was under the influence of alcohol by getting on the back of his seat, was broken, her chest was frighted with the victim’s clothes; (c) committed indecent act in line with the victim’s suffering.

As a result, the Defendant committed an indecent act against the victim by using the state of resistance impossibility.

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements made by the defendant to 1 or C (tentative name) in the court room;

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

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, it is determined.

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