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(영문) 수원지방법원 안산지원 2013.07.24 2013고단978
강제추행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 00:20 on March 27, 2013, the Defendant: (a) reported the victim E (here, 16 years of age) who walked with D on the front side of the apartment house located in Ansan-si, Seoul-si, an indecent act by force against the victim by means of putting the victim’s humfly with his left hand, saving the victim’s humfly without awareness that the said victim is a juvenile; (b) humfly, humfing the victim’s humfly without awareness that the victim was a juvenile; and (c) humfing the chest into the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines: Consideration of circumstances, including the fact that the degree of indecent conduct is not much serious, and that there has been an agreement with the victim;

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

3. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012)

4. Where a judgment becomes final and conclusive to submit personal information pursuant to Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

An order to disclose or notify registered information may seriously affect the defendant's rehabilitation into society. For this case, the registration of personal information alone is deemed to have "special circumstances that shall not disclose personal information" such as preventing recidivism and preventing sexual crimes. Thus, an order to disclose or notify registered information is not issued to the defendant pursuant to Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Public prosecution;

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