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(영문) 수원지방법원 2017.09.14 2017고단4381
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 June 6, 2017, at around 02:10, the Defendant discovered the victim D (Woo, 26 years old, and family name) and male-friendly job offers E in the way to return home on the front of the C control point located in Osan City B. In order for E to get off a taxi, the Defendant used crebs between the road to string the victim toward his own arms and let the victim strongly with his own arms, and even if he became aware of the victim's sound, the Defendant only her chest and sound, and had the victim go beyond the floor.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

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

1. Photographs of the head of the crime;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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

1. Although the sentencing of the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the method and content of the instant crime, considering favorable circumstances, such as the Defendant’s mistake is against the Defendant, the Defendant’s primary offender, the Defendant’s primary offender, and the fact that the damaged person upon agreement with the victim does not want the punishment of the Defendant, and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment as set forth in the Disposition shall be determined as ordered by

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission 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 the relevant agency pursuant to Article 43 of the same

An order of disclosure or exemption from notification.

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