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(영문) 광주지방법원 2017.12.01 2017고단3821
강제추행
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On April 20, 2017, around 22:25, the Defendant: (a) reported the victim F (nive, 18 years of age) in the 2nd restaurant of "E" D1, and promised in the victim’s 2nd restaurant of "E", and (b) promised in the victim’s phrase “the remainder after leaving the school,” and (c) tried to have the victim’s hand knife one hand with a Geman-glus, and to have the victim’s hand knife and knife one hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. To make a statement to the accused in part of the protocol of interrogation of the suspect to the prosecution once;

1. Statement made by the police in each protocol against the victim;

1. Statement prepared by G;

1. Application of the Acts and subordinate statutes governing CCTV photographs;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. If a judgment of conviction is final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 186(1) of the Criminal Procedure Act, 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 the Defendant is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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