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(영문) 수원지방법원 안양지원 2016.12.28 2016고단959
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 June 11, 2016, the Defendant: (a) around 18:56, at the “D convenience store” located in Sanyang-gu Sanyang-si, Sanyang-si, and (b) at all times, to the victim E (here, 20 years of age, and household name) who is an employee, “packs with the first love.” (hereinafter “packer”). (b) the Defendant asked the victim of bad faith, and asked the Defendant to promptly leave, and (c) the Defendant intending to show the Defendant to the outside, the Defendant knicked the Defendant’s hand and knicked the Defendant’s hand without the victim’s resistance, and committed an indecent act by coercioning the victim’s hand twice in line with the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Although the nature of the crime is inferior in light of the background and content of the crime subject to sentencing under Article 334(1) of the Criminal Procedure Act, and the circumstances after the crime, etc., the Defendant’s mistake is against the Defendant, and the commission and degree of the indecent act are not relatively heavy; the two times of the previous crimes are not sufficient to have any records of sexual crime; there are no records of sexual crime; and the Defendant’s age, character, conduct, occupation, family relationship, property status, and other various conditions of sentencing including the Defendant’s age, character, family relation, property status, etc. In the event a conviction against the Defendant against the criminal facts 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.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information.

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