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(영문) 춘천지방법원 원주지원 2015.11.03 2015고단813
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000. If the Defendant fails to pay the said fine, then 100.

Reasons

Punishment of the crime

On May 20, 2015, at around 04:05, the Defendant: (a) reported the victim D (nicker, 18 years of age) in front of the c Kacker in the “C Kacking machine” located in B B of the Won-si, Seoul; and (b) forced the victim to commit an indecent act by force, by using his her her mackt with his her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(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 is obligated to submit personal information to a competent agency pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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, on the ground that there are special circumstances in which the disclosure or notification of personal information shall not be ordered.

The reason for sentencing is that the defendant, under the influence of alcohol, committed an indecent act against the victim, and the victim suffered mental impulse.

However, the degree of sexual indecent conduct is serious.

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