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(영문) 수원지방법원 2015.04.02 2014고단6995
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 November 20, 2014, at around 10:08, the Defendant: (a) committed an indecent act against the victim by “D convenience store” located in Suwon-si C, Suwon-gu, Suwon-si, with intent to report the victim E (the age of 19) and to commit an indecent act; (b) referring to a warehouse outside the entrance, and “the victim is a string and low string,” and (c) committing an indecent act against the victim by coercioning the victim’s hingingle with his left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. CCTV investigations;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Consideration of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be taken into account, such as the part and degree of the indecent act committed on the grounds of sentencing, the fact that the defendant has no record of being punished for the same kind of crime. Where a conviction of the defendant against the criminal facts stated in the decision to register and submit personal information 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,

In full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order shall be issued against the Defendant, given that there are special circumstances where the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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