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(영문) 창원지방법원 2017.12.18 2017고합231

강제추행

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 9, 2017, the Defendant: (a) within the main point of “G,” located in G, Kimhae-si F on May 9, 2017, the Defendant: (b) Ha (the 23 years of age), who is an employee of the Defendant, who francing music he requested by the Defendant, to do so.

"At the same time, the victim was forced to commit an indecent act because the victim's her am with his ambl with his ambl with the victim's ambl as one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Investigation report (to attach photographs by force to the scene of an indecent act), investigation report (the confirmation of the intent of punishing a victim);

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the following circumstances: (a) 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; (b) 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 Defendant’s age, environment, criminal record, risk of recidivism recognized through the records and changes of the records in this case; and (c) profits and preventive effects expected by the disclosure or notification orders in this case; and (d) disadvantages and side effects therefrom, there are special circumstances that may not disclose the Defendant’s personal information.

If a conviction is finalized on the instant crime, which is a sex offense subject to the registration of personal information, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused must submit personal information to the competent agency pursuant to Article 43 of the same Act.

Defendant

Judgment on the Defense Counsel's argument

1. The defendant does not have the victim's her her her her butt.

2. Results of the jury verdict - guilty of indecent conduct committed by force: Five persons - Not guilty of indecent conduct by force: two persons.