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(영문) 수원지방법원 2020.01.09 2019고단5636
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

At around 23:50 on April 1, 2019, the Defendant drinked alcoholic beverages at the “C” restaurant located in Young-gu, Suwon-si, Suwon-si, and was seated on the side of the victim D (one’s name, two-six years old), a customer, who is a customer of the next table, and met with the victim’s own hand, and the victim, who was seated on the side, was able to sit on the victim’s right part of the victim’s right part, and was forced to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, and F

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 conviction against a defendant who shall file for the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 a competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., 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.

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