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(영문) 광주지방법원 2015.12.09 2015고단4285
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 23, 2015, the Defendant, around 02:45, committed an indecent act against the victim, who was in front of the “C club” located in the Dong-gu, Gwangju (hereinafter “C club”), following the lapse of the victim D(A) who was in front of the “C club” located in the Dong-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

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

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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 the accused is obligated to submit personal information

In light of the Defendant’s age to be exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to 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.

The reason for sentencing is that the defendant reflects the crime of this case, that the victim does not want the punishment of the defendant, and that the defendant has no record of being punished or investigated due to the crime.

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