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(영문) 수원지방법원 안산지원 2020.05.13 2020고정32
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 27, 2019, around 03:05, the Defendant entered the “C” located at the Government-si B and the third floor as a customer with one other, and was seated in the front place. On the other hand, the Defendant was forced by indecent act by compulsion of the victim D (n, 26 years of age) who is an employee who was on the inside and outside of a long area.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Application of Acts and subordinate statutes to the results of viewing CCTV CDs at the scene of occurrence;

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the disclosure order, notification order and restriction order shall not be issued to the Defendant.

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