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(영문) 의정부지방법원 2019.08.22 2019고정586
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 27, 2018, around 21:35, the Defendant: (a) arranged the above convenience store warehouse in front of the C convenience store located in B at the Government of the Gyeonggi-si, and (b) committed an indecent act by force against the victim D (at least 25 years of age), who entered into the said warehouse, with her hand, her mack in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on site photographs;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant 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, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the Defendant resulting from an order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc., no order to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued.

The sentence shall be determined as ordered in consideration of all the sentencing conditions specified in this case, including the following circumstances:

The favorable circumstances: The defendant recognizes the crime of this case.

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