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(영문) 수원지방법원 2020.05.21 2020고정108

강제추행

Text

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

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

Reasons

Punishment of the crime

At around 05:00 on September 22, 2019, the Defendant: (a) discovered that the victim D (the age of 22) who was being charged with the sofash in Bupyeong-gu Incheon Metropolitan City, would be forced to commit an indecent act; (b) had the victim’s face; and (c) had the victim’s chestd with the victim’s chest by hand without any reaction.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of D;

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. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obliged to submit personal information

In full view of the Defendant’s age to be exempted from disclosure and notification orders and employment restriction orders, type of crime, criminal records, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effect of preventing sexual crimes, and the disadvantages and expected side effects of the Defendant therefrom, etc., the Defendant’s personal information is determined as being disclosed and notified, or the Defendant’s personal information is not subject to employment restrictions in child and juvenile-related institutions, etc. and welfare facilities for the disabled. As such, there are special circumstances that need not be any restriction on employment in relation to the disclosure and notification of the Defendant’s personal information, the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1) and the proviso to