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(영문) 청주지방법원 2018.10.04 2018고단978

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 15, 2016, the Defendant, at around 23:00, committed an indecent act by force against the victim by putting the Defendant’s arms onto a G SP car owned by the victim F (F, 25 years old, and Ga name) who was to start in the E apartment 104 parking lot in which the Defendant, located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, and committing an indecent act by forcing the victim, by putting the Defendant’s arms onto the victim, “a kiscing the victim to kis,” and forced kiscing the victim into the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to investigation reports (in cases of telephone conversations, etc. with victims);

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 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. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. As to the facts constituting a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.