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(영문) 창원지방법원 2014.08.12 2014고단1400
강제추행
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On May 3, 2014, at around 03:50, the Defendant committed an indecent act against the victim’s will, by following the victim D (Taking, 21 years of age) around the first floor of the Grand Building, which was located in 119, a 17-ro, Kim Jong-si, Kim Jong-si, and then leaving the victim in a double arms with the wall, leaving the victim in a double arms, contact the Defendant’s sexual part on the part of the victim’s sound, and making the victim fit the victim’s sexual part on his hand with the defect to avoid this, and making the victim fit the victim’s threshold and forced dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Selection of an alternative fine (such as reflectivity, non-conformity with punishment, and no previous offense);

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 becomes final and conclusive by Article 334(1) of the Criminal Procedure Act [the sentencing criteria of the Gyeyang Committee (the scope of reduction in general indecent acts - the scope of reduction in punishment: imprisonment with labor for not more than one year)], 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 obliged to submit personal information to the relevant agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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 disclosure order or notification order shall be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to 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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