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(영문) 창원지방법원 2020.11.13 2020고단2987

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

At around 21:40 on July 13, 2020, the Defendant committed an indecent act by force against the victim D(AC), who gets the order from the victim, while the victim D(AC, name) was sitting together with two openings on the 1st floor C cafeteria of the 1st floor of the building in Changwon-si, Changwon-si, Seoul. On the other hand, the Defendant forced the victim to have his right side knife at one time with his left knife while knife at one knife on the left hand.

Summary of Evidence

1. Where a conviction becomes final and conclusive in relation to the facts constituting a crime in which the defendant's legal statement D is to be reported internal history of the police statement, the photograph of a visual closure photograph, as stated in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant constitutes a person subject to registration of personal information under Article 42 (1) of the same Act, and thus

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of crime, motive, process, consequence, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., it is determined that there are special circumstances that may not disclose or notify the Defendant’s personal information, nor restrict the Defendant’s employment, and thus, there is no disclosure order, notification order, or restriction order, pursuant to 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 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;