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(영문) 수원지방법원 성남지원 2020.04.14 2019고정1092
강제추행
Text

Defendant shall be punished by a fine of three million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2019, at around 21:00, the Defendant committed an indecent act by force against the victim D (tentative name, leisure) following the new attack in the “C” located in B and 1st underground in Seoul Special Metropolitan City, Gwangjin-gu, Seoul, and the first underground.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Article 62 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a suspended sentence of imprisonment is invalidated or revoked);

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to registration and the registration of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso to Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49 (1) and proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

When comprehensively considering the age of the defendant exempted from the employment restriction order, family environment and social relation, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, disadvantage of the defendant resulting from the employment restriction order and preventive effect of the sex crime that can be achieved therefrom, etc.

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