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(영문) 청주지방법원 충주지원 2019.05.03 2018고단810

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

피고인은 2018. 8. 31. 17:00경 충북 음성군 B에 있는 피고인의 C 사무실에서, 피해자 D(여, 23세)가 짧은 반바지를 입은 채 소파에 앉아 있는 것을 보고, “이게 빤스냐 이게 바지냐 ”라고 말하며 다가가 갑자기 한 손으로 피해자의 상의를 들추고, 다른 손을 피해자의 허벅지 사이로 집어넣은 후 손등으로 그녀의 음부를 비볐다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. In full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and an employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) [the foregoing]: (a) the content of the crime; (b) the degree of indecent act; (c) the method of committing the crime; (d) the fact that there was no history of criminal punishment for the sexual crime before the crime of this case; (d) the registration of personal information and order to complete the crime of recidivism to a certain extent; (e) the Defendant’s age, family environment, social relationship, disclosure or notification order; and (e) the prevention and anticipated side effect of the victim of the sexual crime subject to registration and the employment restriction order]

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the contents and degree of indecent act.