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(영문) 수원지방법원 평택지원 2016.04.28 2016고단31
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 25, 2015, the Defendant discovered the victim E (here 23 years of age) at the sideway in Pyeongtaek-si C around 17:30 on December 25, 2015, and accessed his female back to it, and her own kn's left kn's kn's kn's kn's kn's own kn's kn's kn't

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on field CCTV photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (Considering that the accused is a person with intellectual disabilities);

1. According to the evidence adopted and examined by the court, the determination of the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act was based on the evidence adopted by the court, and the defendant is deemed as having committed the crime of this case under drinking, but it does not seem that the defendant did not change things at the time or lack the ability to make a decision, and thus, the defense counsel's mental and physical weakness allegation is rejected.

Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the crime of sexual assault crime subject to registration and change of personal information, 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 relevant agencies pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime of 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 victims, etc., the proviso of Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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