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(영문) 창원지방법원 통영지원 2015.05.22 2014고단761
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 2, 2014, at around 23:55, the Defendant committed an indecent act against the victim as he / she she she saw her left her ambl with his ambl with his/her own ambl with his/her own ambl with his/her own ambl with his/her own ambl with his/her own ambl with his/her own ambl.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes on police statement of E;

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. If a conviction on a crime of indecent act by compulsion in the judgment of a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obligated to submit personal information to the head of a competent police

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, anticipated side effects and expected side effects of the Defendant’s entry, prevention of a sex offense subject to registration that may be achieved therefrom, protection of the victim, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 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.

The reason for sentencing - the fact that the nature of the crime is not easy considering the circumstances, means, and results of the crime of this case disadvantageously, - the favorable normal victim does not want the punishment of the defendant, and is punished for the same kind of crime.

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