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(영문) 의정부지방법원 2019.06.13 2019고정431
준강제추행
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 August 15, 2018, around 03:10 on August 15, 2018, the Defendant, in front of the building B, and the third floor D, in front of the victim E (M, 37 years of age) who was diving, was living together with his her tock, as the victim’s tacks.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the C CCTV image Acts and subordinate statutes;

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

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. The main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the Defendant resulting from an order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc., no order to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued.

The reason for sentencing is the content and circumstances of the crime of this case, the place where the crime occurred, and the body part of the victim who committed an indecent act by the defendant.

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