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(영문) 춘천지방법원 2019.07.09 2019고정40

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 9, 2018, around 18:50 on December 18:50, 2018, the Defendant: (a) caused the victim D (the name, the age of 20, and the female) who works for Abrate in Chuncheon-si B to be considered as having his own deductible expenses; and (b) committed an indecent act by force against the victim by taking the victim’s hand over his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of the 112 Reporting Report List and CCTV-cape video Acts and subordinate statutes;

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. Comprehensively taking account of all the circumstances such as an order to disclose personal information, an order to notify, and an order to restrict employment of a defendant, the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 56 (1), the proviso to Article 59-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment, and the registration of personal information of the defendant and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the defendant has no same record, and the risk of recidivism of a sexual crime is likely to be low in light of the details and circumstances of the crime, and the defendant can be seen as having the effect of preventing recidivism of a sexual crime even after completing the registration of personal information and the sexual violence treatment program, and the disadvantage and anticipated side effects of the defendant following such order, there is no special circumstance to disclose or notify the personal information of a person subject to register.