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(영문) 창원지방법원 진주지원 2017.01.24 2016고단1138

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a training staff of C Co., Ltd., committed an indecent act by force against the victim in the course of receiving training with the victim D (38). On August 29, 2016, the Defendant committed an indecent act by force against the victim in the F Hospital Resting room located in Jinju-si, E on August 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 298 of the Criminal Act and the fine concerning the facts constituting the crime;

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. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under Article 334(1) of the Criminal Procedure Act, the type, motive, process, consequence and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.