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(영문) 수원지방법원 성남지원 2014.08.13 2013고단2920

준강제추행등

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

The defendant is a person who has worked as a patient care worker in the 'D' in the 3 and 4th floor of the Manam-si Seoul Metropolitan City.

1. A quasi-indecent act by compulsion on May 8, 2013 or

9. The victim E (n.e., 22 years of age) hospitalized in the "surgy room", which is a woman-only ward, while working on duty at the fourth floor hospitalization room of the above member of the Council, was able to take part in the bed, and the victim's chest and the sound part of the victim on the surface of the water were confined to his clothes and committed indecent act.

2. On May 11, 2013, the Defendant committed indecent act by compulsion: (a) around 00:07, the Defendant: (b) reported that the said victim did not sleep in the fourth floor of the above member’s 4th floor; (c) placed the victim in the clothes of the victim, standing in a sofacion, with his hand, and “on the part of the victim’s boating sofacing, the Defendant committed indecent act by compulsiond as the victim’s side interest and the competent charge.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Part concerning E in the protocol of examination of the suspect against the defendant;

1. Application to CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Articles 299 and 298 of the Criminal Act: Determination of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction against a defendant who has registered personal information in the workhouse under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police station having jurisdiction over his/her domicile under Article 43(1

In light of the details of a crime subject to an order to disclose information or an exemption from notification, the history of punishment, etc., it shall be deemed that there are special circumstances in which personal information shall not be disclosed pursuant to the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles