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(영문) 전주지방법원 2020.01.15 2019고단832

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

On November 23, 2018, the Defendant, at around 15:00, 15:00, left the house of the victim C (n, 48 years of age) located in B of the former North Korean Office B, she spared the victim, etc., and she spared him/her back to the back of the victim, and she exceeded the victim’s seat with his/her hand and her s

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

Summary of Evidence

1. Defendant's legal statement;

1. D stenographic records;

1. Application of investigation reports (related to the search of village residents who have observed indecent acts by compulsion), investigation reports (related to the search of the husband of the victim, investigation reports (applicable to the Acts and subordinate statutes related to the search of village residents E who have observed indecent acts by compulsion);

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which constitutes a sex crime subject to registration, 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 a competent agency under

For the Defendant exempted from the disclosure order, notification order, and employment restriction order, the Defendant appears to have the effect of preventing re-offending even after completing the sexual assault treatment program. In addition, considering the Defendant’s age, occupation, content and motive of the crime, method and seriousness of the crime, the preventive effect of the sexual crime expected by the employment restriction order, and the disadvantage and anticipated side effects of the Defendant resulting therefrom, it is determined that there are special circumstances that the Defendant should not order the employment restriction to child and juvenile-related institutions, welfare facilities for the disabled, etc., pursuant to the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso of Article 59-3(1) of the Welfare of Disabled Persons Act.