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(영문) 창원지방법원 진주지원 2015.09.10 2015고정251

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

피고인은 2014. 12. 30. 10:25경 진주시 상대동을 운행하는 C 시내버스 안에서 청바지를 입고 서 있는 피해자 D(여, 23세)에게 욕정을 품고, 뒤로 다가가 손으로 그녀의 엉덩이를 툭 치면서 만진 후 재차 성기 부분을 그녀의 엉덩이에 갖다 대고 성행위를 하듯이 앞뒤로 왔다 갔다 하는 방법으로 피해자를 강제추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (report to the damaged place by the injured party);

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

1. Where a judgment of conviction against the accused on the facts constituting a sex crime subject to registration becomes final and conclusive, the accused 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 exempted from order to complete program (the principle of prohibition of disadvantageous change is applied to a case claiming formal trial only by the accused) under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the principle is applicable to a case claiming formal trial)

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the instant crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50