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(영문) 수원지방법원 평택지원 2019.01.31 2018고정392
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 10, 2017, around 05:42, the Defendant committed an indecent act by force against the victim by inserting it to the side of the victim D (Inn, 24 years of age) at the “Caina” room located under Goyang-si B, Goyang-si, Goyang-si, the Defendant committed an indecent act by force against the victim by inserting it to the victim’s entrance.

Summary of Evidence

1. Legal statement of witness D;

1. Each report on investigation;

1. CCTV images [In light of the aforementioned evidence, we dismiss the Defendant’s defense suit that he did not commit an indecent act, and it is sufficient to find the Defendant guilty of the facts charged in the instant case] by applying the aforementioned CCTV images

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, anticipated side effects and anticipated side effects of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is determined to have special circumstances that may not disclose and notify personal information pursuant to the proviso 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), proviso to Article 50(1), and proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant is ordered to disclose or notify personal information to the public.

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