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(영문) 청주지방법원 2018.09.20 2018고단793

강제추행

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

피고인은 2018. 2. 21. 21:43 경 청주시 상당구 C에 있는 피해자 D( 여, 44세, 가명) 이 근무하는 'E' 술집 안에서 피해 자가 안주를 테이블에 내려놓고 손을 가슴 앞에 모으고 있는 것을 보자 피해자를 강제 추행할 마음을 먹고, 팔을 뻗어 피해자의 왼쪽 손목을 잡고, 손가락으로 피해자의 왼쪽 가슴을 아래에서 위로 튕기듯이 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs by video recording CDs, CCTV closures;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In the case where a conviction is finalized on the criminal facts in the judgment that are subject to registration and submission of new information, the defendant is a sexual crime.