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(영문) 수원지방법원 안양지원 2017.11.29 2017고단1465
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 1, 2017, the Defendant reported the victim D (a person's name, leisure, 30 years old) who had danced at the “C main point” located in Suwon-si B, Suwon-si on May 1, 2017, and committed an indecent act by force on the part of the victim, following the victim's her own ambl with his own ambl with his own ambl with his own ambl with his own amblance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to photographs of sprinkers, internal photographs of clubs, and photographs of damaged places;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of a crime in light of the content of the crime and the circumstances after the crime, it is against the Defendant’s age relatively less than 22, and it is taken into account both the initial offender and the background of the crime, the Defendant’s character and conduct, occupation, etc. In a case where a conviction against the Defendant on the criminal facts in the judgment that is subject to registration and submission 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 obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims, etc.

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