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(영문) 광주지방법원 2016.11.25 2016고단3992
강제추행
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 5, 2016, at around 22:48, the Defendant discovered the victim D (one person, two-one year old age), following the victim, followed by the victim himself/herself, coming from the victim's back to the victim's back, and the Defendant was able to collect his/her hand with the victim's bridge and her part of the clothes.

As such, the Defendant committed indecent act by compulsion against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of the victim;

1. Attachment of on-site CCTV data; the application of Acts and subordinate statutes governing on-site reporting (on-siteCCTV);

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. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a defendant’s wrong recognition of his/her mistake), is contrary to the defendant’s age, family environment and social relationship; the records and motive of the crime; the method and consequence of the crime; the 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 can be achieved thereby; the victim protection effect; thus, the defendant shall not be ordered to disclose or notify personal information; and such special circumstances as the degree of the defendant’s age and indecent act; the defendant’s age, character, family relationship, motive and consequence of the crime after the crime.

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