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(영문) 수원지방법원 여주지원 2018.10.26 2018고단396
강제추행
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 5, 2017, around 23:41, 2017, the Defendant, following the victim D (FI) who was seated in the instant table table, was able to drink with the shot in front of the C convenience store in Ischeon-si B, and was able to look at the victim’s chest by hand when he gets the victim from behind the victim’s age 18.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective legal statements of witnesses D and E to the Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 full view of various circumstances, such as the Defendant’s age, sex, environment, social relationship, risk of recidivism, the disclosure and notification order of this case, and the effect expected by an employment restriction order, and the disadvantages and side effects therefrom, there is a special reason not to issue an order to disclose or notify the Defendant’s personal information and an employment restriction order, comprehensively taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) the proviso to Article 49(1) of the Act on the Protection of Children against Sexual Abuse; and (c) Articles 50(1) of the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse;

In a case where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information, 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 competent agency pursuant to Article 43 of the same Act.

The reason for sentencing was the first victim's access to the crime of this case, and the denial of his act in the investigation process and trial process.

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