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(영문) 광주지방법원 목포지원 2015.05.29 2015고단402
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 1, 2015, the Defendant: (a) at the “C” club located in Gwangju-gu, Gwangju-gu; (b) at around 04:24, the Defendant reported the victim D (at the age of 23) who had a dancing before the Defendant; (c) had the victim’s mind to force indecent act against the female; (d) had the victim’s left chest with the victim’s mind to force indecent act; and (e) had the victim’s left chest, fright to commit indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of penalties (the selection of fines, the fact that the defendant misleads the defendant, the first offender who had no record of criminal punishment before the criminal punishment, the age, character and conduct of the defendant, circumstances after the crime, 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. 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 Disclosure Orders and Notification Orders, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant is obligated to submit personal information to a competent authority pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, on the Protection of Children and Juveniles against Sexual Abuse, in light of the Defendant’s age, occupation, risk of recidivism, criminal records, the contents and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effect of sexual crimes subject to registration that may be achieved thereby, and the effect of protecting the victims thereof, if a conviction becomes final and conclusive on the instant criminal facts, the Defendant is a person subject to registration of personal information of sexual crimes.

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