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(영문) 창원지방법원 2014.12.16 2014고단2565
강제추행
Text

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

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

Reasons

Punishment of the crime

1. On August 22, 2014, at around 12:35, the Defendant: (a) reported the victim C (the 31 years of age), who was walking a bicycle on the front side of the latter part of the 126 movable, elementary school, and then was sexual impulse in a timely manner; (b) laid down the victim’s knife with the victim’s knife in his hand from the rear side to the victim’s knife; and (c) forced the victim to commit an indecent act by force.

2. At around 12:40 of the same day as the above mentioned above, the Defendant: (a) taken a bicycle on the side of the Seongbuk-gu, Sungwon-gu, Sungnam-dong Library at Changwon-si, Sungnam-dong, and led the bicycle to the her baby, and (b) took the victim’s D (the 36-year old age), and (c) took the victim’s bridge back to the victim’s back, her hand was put into a hand between the victim’s legs who was suffering from the victim’s back, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 related agency pursuant to Article 43

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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