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(영문) 의정부지방법원 2015.10.07 2015고단2574
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 10, 2015, at around 23:55, the Defendant was forced to commit an indecent act on the part of the victim D(W, 26 years of age), who was protruding the front side of Suwon-si C, coming from the middle side of Suwon-si, following the Defendant’s side, by extending back the left hand of the victim’s left her arm’s length to one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Simple statement of E;

1. Application of the Police Investigation Report Act

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: Compulsory indecent acts committed against the victim: The reflectivity on his/her mistake, or no particular criminal record exists in Korea;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., and other factors of sentencing as prescribed in the subparagraphs of Article 51 of the Criminal Act. In a case where a conviction of the Defendant against the crime subject to registration of personal information becomes final and conclusive, 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 obliged to submit personal information to

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 and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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