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(영문) 수원지방법원 2016.12.08 2016고단4261
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 29, 2016, around 22:42, the Defendant committed an indecent act by force against the victim’s chest, after the victim F (Gain, Gain, and 20 years of age) from the E Station of Yeongdeungpo-gu Seoul Metropolitan Government, which was lowered from the 1st underground floor to the 2nd underground floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes governing the G production;

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 reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was committed by indecent act by compulsion by the victim’s chest in the subway Espher region. In light of the content and method of the crime, the nature of the crime is poor.

In addition, the fact that the defendant did not receive a letter from the victim until now is disadvantageous to the defendant.

However, in light of the circumstances leading to the crime, circumstances after the crime, the defendant's age, character and conduct records and arguments, the sentence is ordered as per Disposition, comprehensively taking into account all the factors leading to the crime, the circumstances after the crime, the defendant's age, character and conduct records and arguments.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, 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 the competent agency pursuant to Article

The age of the defendant exempted from an order to disclose personal information, the risk of recidivism, the contents and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the order to disclose or notify personal information, and the prevention and effect of sexual crimes subject to registration which may be achieved due to such order.

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