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(영문) 수원지방법원 2020.05.14 2020고정129
준강제추행
Text

A 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

Around 06:00 on August 24, 2019, the Defendant saw b and C’s fryp on the side of the victim D(the age of 20) who was frying back within the soup public water surface room of Mapo-gu Seoul, Mapo-gu, Seoul, and C’s 0 minutes of 20 minutes of fryping, and she fryed the body of the Defendant to the victim and fry about 20 minutes of fryping the victim’s body.

Accordingly, the defendant committed indecent acts by taking advantage of victim's state of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (on-site CCTV analysis) and application of Acts and subordinate statutes to investigation reports (on-site CCTVs at the time of the incident);

1. Article 299 of the Criminal Act and Articles 299 and 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. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 is obligated to submit personal information to the competent agency pursuant to Article 43(1) of

In full view of the Defendant’s age exemption from the disclosure and notification order of personal information, the risk of recidivism, motive for the instant crime, details and result of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is not ordered to disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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