beta
(영문) 서울북부지방법원 2021.02.04 2020고정453

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 5, 2018, the Defendant: (a) around 00:25, the Defendant: (b) had the victim D (20 years of age) who is an employee of the Defendant, with a string, with a string, with a string, and with a b,00 won; and (c) had the victim’s sexual intercourse with the victim’s own hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written statements prepared in D;

1. A criminal investigation report (Attachment ofCCTV), CCTV video data, and the application of CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act.

In light of the Defendant’s age exemption from personal information disclosure and notification order, risk of recidivism, motive for committing the instant crime, details and result of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention of sex crimes that may be achieved therefrom, and effects of the protection of victims, etc., there are special circumstances under which the disclosure or notification of personal information may not be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose and notify the defendant.

The defendant's age, risk of recidivism, exempted from the employment restriction order.