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(영문) 수원지방법원 안산지원 2020.04.29 2019고정985
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 22, 2019, the Defendant: (a) around 22:04, at the time of Ansan-si, the victim C (man, scam) in an elevator with the face of the victim scambling in drinking alcohol; (b) the Defendant also scambling the victim’s face; (c) the Defendant scambling the scam of the victim into the victim’s left scam; and (d) around 22:48 on the same day, the Defendant scams at the 2ndum of the fourth floor D key of the above building, and scambbbbs on the victim’s right side by hand, and forced the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C;

1. Application of Acts and subordinate statutes to CCTV CDs and CDs committed by E/V as a result of each CD reproduction viewing;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 on 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 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

In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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