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(영문) 청주지방법원 충주지원 2018.06.01 2018고단164

강제추행

Text

Defendant shall be punished by a fine of one million won.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant: (a) around 13:51 on February 23, 2018, at a convenience store located in Chungcheongnam-gun, Chungcheongnam-gun; (b) in the process of building up goods to the victims E (at 19 years of age) who reported the Kabter’s services; (c) in the course of opening up the goods, the Defendant was lubly lubly lucing the victims’ kbs of the victim; and (d) “A young lubly lub,”

The victim was forced to commit an indecent act, such as “.......”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts (Consideration of confession, mental disorder 2 level, mental disorder 2 level, degree of criminal conduct, etc.);

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of conduct, family environment of the defendant, etc.);

1. Articles 70 and 69 (2) of the Criminal Act on the confinement in a workhouse (where a suspended sentence is invalidated or revoked)

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (where an order to attend a course is issued in consideration of the accused's mental illness, the conditions of repeated hospitalization and discharge in a mental hospital, etc., it is inappropriate

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses [where a conviction against the Defendant on the instant criminal facts becomes final, in full view of the content and motive of the crime, the method and consequence of the crime, the risk of repeating the crime, the circumstances that the Defendant caused a mental disorder of Grade II, social relationship, the profits and effects expected by the order of disclosure and notification, the disadvantages and side effects of the order, etc., there are special circumstances that need not disclose and notify the Defendant’s personal information], where the Defendant becomes final and conclusive to be convicted of the Defendant on the instant criminal facts, as to the Defendant who registered personal information of this case.