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(영문) 수원지방법원 여주지원 2018.10.12 2018고단732
강제추행
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 3, 2018, at around 05:30 on July 3, 2018, the Defendant did not have a sexual self-defense in the CPC room B of Changwon-si, Changwon-si, and caused the defeascation of some of the cPCs, and thereby, the defascing the fass of the Victim D (Ga name, fas, 18 years old) with the Defendant’s seat at the seat. The Defendant committed an indecent act by force against the victim by taking the smell.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. In full view of various circumstances, including the Defendant’s age, sexual conduct, environment, social relationship, risk of re-offending, the disclosure and notification order of this case, and the effect expected by an employment restriction order, and the disadvantages and side effects therefrom, there is a special reason not to disclose, notify and restrict the Defendant’s personal information, in full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse;

In a case where a conviction becomes final and conclusive with respect to a crime of indecent act committed in the judgment that is subject to registration and submission of new information, the Defendant 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 the competent agency pursuant to Article 43 of the same Act.

The conditions of sentencing under Article 51 of the Criminal Act, such as the fact that the reason for sentencing is recognized and against the victim, the fact that the victim has agreed with the victim, the place where the crime was committed, the attitude of the act, the initial crime that has no record of criminal punishment, the defendant's age, sexual behavior, environment, etc.

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