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(영문) 창원지방법원 통영지원 2016.03.18 2016고단45

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

The Defendant is the president of the “C” company located in Gyeongnam-gun B.

On December 16, 2015, at around 11:40 on December 16, 2015, the Defendant followed the victim D (the age of 34) who was in charge of corporate accounting affairs at C Office, to report the figures in front of this facsimile, and to force the indecent act, and used the following behind the victim.

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of the Acts and subordinate statutes concerning the course of closure and closure of a course;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual assault crime subject to the obligation to register and change personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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, and the Defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime of this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

Sentencing elements that are disadvantageous to the reasons for sentencing: The nature of the crime in light of the means and results of the crime in this case.