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(영문) 청주지방법원 2020.04.16 2020고정95

강제추행

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 14, 2019, around 00:35, the Defendant committed an indecent act on the part of the victim E (here, 26 years of age), who gets married within the entrance of the transfer parking lot C located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, by taking the victim’s desire, and following the victim, the Defendant forced the victim to take her arms by using her hand over her second hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. In full view of the following: (a) an disclosure order, notification order, and employment restriction order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: (b) 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; (c) the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities; and (d) the proviso to Article 59-3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: (a) it is difficult to readily conclude that a defendant has a habit or a risk of recidivism of sexual assault since he/she has no record of punishment for a sexual crime; (b) the defendant’s home environment, social relationship, etc. appears to have the effect of preventing recidivism; and (c) other benefits and preventive effects expected by the disclosure order, etc. and adverse effects therefrom; and (d) the defendant’s personal information is registered and finalized, pursuant to Article 42(1) of the Act.