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(영문) 수원지방법원 안양지원 2021.03.12 2020고단997
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 December 31, 2019, around 22:55, the Defendant committed an indecent act by force against the victim by putting the chest of the victim, who was faced with the victim in front of the toilet, on his/her own hand, when he/she had a drinking place together with the victim C (the name, the 58 years old), the husband of the victim, etc., in his/her residence located in Ansan-gu B at Ansan-si, Ansan-si on December 31, 2019.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to C (tentative name);

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, disclosure order, disclosure order, notification order, and employment restriction order, the degree of disadvantage and anticipated side effects that the Defendant suffers from such order, prevention of sexual crimes subject to registration, protection of the victims of sexual crimes, etc., there are special circumstances that do not disclose or notify the Defendant’s personal information, or restrict the employment of children, juvenile-related institutions, etc., and welfare facilities for the disabled.

In the event that a conviction becomes final and conclusive on the criminal facts stated in the decision to register and submit new information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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