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(영문) 의정부지방법원 고양지원 2020.06.05 2020고정111
강제추행
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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 September 30, 2019, at around 01:20, the Defendant committed an indecent act by force against the victim by his own hand on one occasion, while the Defendant passed by the victim D (a person, her name, her age 35) located in the front of Echeon-si B, Echeon-si B, and committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Application of the Acts and subordinate statutes concerning field photographs and closure photographs of on-site CCTV images;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to such order; the prevention

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities; Defendant’s age, family environment, and social ties; record of the crime; details and motive of the crime; method and consequence of the crime; risk of recidivism; disadvantage of the Defendant resulting from the employment restriction order; and the prevention effect of sexual crimes that may be achieved therefrom.

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