강제추행
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
피고인은 2018. 3. 13. 21:00 경 대전 유성구 H 아파트 125 동 앞을 걸어가고 있는 피해자 I( 여, 19세) 의 뒤에서 갑자기 피해자의 왼쪽 가슴을 움켜쥔 후 달아 나, 피해자를 강제 추행하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of the I;
1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, the selection of a fine (including the fact that a confession and a confession is repented, the degree of conduct, the fact that an agreement has been reached with the victim, the primary fact, etc.);
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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information 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 is obliged to submit personal information to the head of a related agency pursuant to Article 43 of the same Act
In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.
As such, an order to disclose or notify the defendant pursuant to 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 shall not be issued.
The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the age, occupation, existence of the record of punishment for a sex offense, the content and motive of the instant crime, the method and consequence of the crime, seriousness of the crime, etc. of the defendant exempted from the employment restriction order.