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(영문) 춘천지방법원 강릉지원 2020.02.06 2019고단1291

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 May 20, 2019, the Defendant committed an indecent act against the victim by coercioning the victim by force on the ground that the victim met with another male on the ground that he/she met with the face of the victim and had the other male on the ground that he/she had the other male, at around 14:10 on May 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to report on investigation (Attachment 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction on the crime of indecent act by compulsion in the judgment, which is a sex offense subject to registration, becomes final and conclusive, of the crime of indecent act by compulsion 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 the defendant is obligated to submit personal information to the head

In full view of the Defendant’s age, occupation, social relation, risk of repeating a crime, motive, method, and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure notification order and employment restriction order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that may not disclose or notify personal information or restrict the employment of the child or juvenile-related institutions, etc., pursuant to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.