beta
(영문) 창원지방법원 2017.04.18 2016고단4244

강제추행

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2016. 6. 9. 14:20 경 김해시 C에 있는 피고인의 주거지인 D 아파트 407동 1201호 내에서, 평소 알고 지내던 피해자 E( 여, 66세 )를 추행하기로 마음먹고 피해자에게 전화하여 상추를 줄 테니 집으로 오라고 하여 피해자가 상추를 받으러 오자, 피해자에게 “ 상 추를 줬는데 그것만 받고 가나 들어 와 봐라” 라며 피해자를 침대가 있는 방안으로 끌고 들어가 “ 여기서 하면 참 재밌고, 아무도 모른다 ”라고 하면서 갑자기 피해자의 가슴을 옷 위로 주무르다가 피해자가 “ 미쳤냐

“Alongly, the Defendant’s grandchildren were spared in the following parts, such as the victim of the ppuri, and the victim’s chest was sleeped on his clothes, and the victim was forced to commit an indecent act.

Summary of Evidence

The application of statutes on stenographic records of police statements E to the defendant's legal statement

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

2. Selection of a selective fine (the defendant does not want the punishment of the defendant, considering that the defendant has no criminal record in the same kind, and that the defendant is aged, etc.);

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Where a conviction against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 4

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information 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. Thus, the order for disclosure or notification of personal information is not issued.