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(영문) 수원지방법원 안산지원 2020.05.20 2019고정995
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 10, 2019, the Defendant: (a) committed an indecent act against the victim by forcing the victim by putting his her meast of the victim D (n, 26 years of age, al., al.) at the front corridor in the “C” restaurant of “A” in the underground floor of the Gu B building at Ansan-si, and by dividing the sugar to the public, with his knive hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (second time);

1. Each police statement made to D (alias) and E;

1. Application of Acts and subordinate statutes to the results of the reproduction of CCTV images at the scene of occurrence;

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

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information or restrict employment. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 49(1) proviso and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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