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(영문) 수원지방법원 2017.04.13 2016고단8276
강제추행등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On September 29, 2016, the Defendant: (a) committed an indecent act by force within the “Creing room” located in Suwon-si B, Suwon-si; (b) talked with the victim D (at the age of 41) first known on the day; (c) talked with the victim’s chest and her tum with the victim’s own hand on several occasions; and (d) committed an indecent act by force against the victim.

2. On September 30, 2016, the Defendant assaulted the victim by pushing the victim’s breast part of the victim’s breast part of the victim’s hand when he was rejected from the above damage while he was in the front of the E apartment house in Suwon-gu, Suwon-si, Suwon-si, and at around 00:05, the Defendant used the victim at the front of the E apartment house in Suwon-gu, Suwon-gu, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) and Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction of an indecent act committed in the judgment that is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The crime of assault, which is not a crime of coercion and a crime of assault subject to registration, is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence is sentenced pursuant to Article 38(1) of the Criminal Act.

Pursuant to Article 45 (1) 4 and Article 45 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the period of registration of personal information is ten years based on the whole sentence.

The maximum period of registration under the above law is 10 years, and the registration period is unfair in light of the time relevance between each crime in the judgment, the nature of the crime, the severity of the crime, etc.

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