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(영문) 창원지방법원 진주지원 2015.12.24 2015고단1037

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

On July 3, 2015, at around 20:45, the Defendant committed an indecent act by force against the victim E, an employee of the above restaurant, on the ground that the victim E, who is an employee of the restaurant, was taking food at around the restaurant room in Jinju-si, Jin-si, Seoul, and that the victim’s her mb, with his her her son, went together at one time, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Each investigation report (on-site exit, etc., hearing statements by victims), and each internal investigation report (on-site investigation by employees and attaching CCTV photographs);

1. 112Report processing marks, copies of joint copies, drawings, photographs (5 pages of investigation records); and

1. Application of the Acts and subordinate statutes to the complaint;

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;

1. Where a conviction against the defendant on the criminal facts in the judgment that constitute a sexual crime subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit his/her personal information to the head of the competent agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified 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.