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(영문) 수원지방법원 안양지원 2018.10.24 2018고단1137
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 September 19, 2017, the Defendant suggested that he and she drinks to the victim D (age 22) who drinks together with her son while drinking together with the victim. On September 19, 2017, around 06:25, the Defendant met the victim's breast with her son while drinking together with the victim. Despite the victim's claim, the Defendant met the chest and her son of the victim again.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to field CCTV images);

1. Article 298 of the Criminal Act applicable to the crimes;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Since it is recognized, Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is exempted from an employment restriction order.

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