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(영문) 수원지방법원성남지원 2020.08.25 2020고정128
강제추행
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 18, 2019, at around 11:52, the Defendant committed an indecent act by force against the victim, by facing the entire body of the Defendant in front of the body of the victim, between the victim C (a family name, 27 years of age) in front of the building in Seongbuk-gu, Sungnam-si, Sungnam-si, where the victim would be deprived of a pipe of a string, and the victim would face with the front part of the body of the victim.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

1. Article 298 of the Criminal Act and Article 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 a competent agency pursuant

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, family environment, and social relationship, records of crimes, details and motive of crimes, methods of crimes, the risk of recidivism, and the employment restriction order.

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