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(영문) 광주지방법원 2016.11.04 2016고단3562
강제추행
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

On June 15, 2016, at around 12:45, the Defendant: (a) stopped at the bus stops in the D market D market bus stops located in Gwangju Metropolitan City, Gwangju Metropolitan City; (b) reported that the victim F (n, 20 years of age) in front of the Defendant intends to get out of the D market bus stops; and (c) led the victim to indecent act by force; and (d) reported that the victim’s f (n, 20 years of age) passed in front of the Defendant, and met at one time the victim’s son’s

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police protocol of statement to F;

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 misconduct); the defendant’s age, family environment and social relationship; records, details 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; the victim protection effect; thus, the defendant shall not be ordered to disclose or notify personal information to the defendant; the reason for sentencing; the defendant is confessioned; the degree of his/her indecent act in this case; the defendant’s age, character and behavior, motive and consequence of the crime after the crime.

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