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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3799

강제추행

Text

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

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

Reasons

Punishment of the crime

On October 15, 2019, around 00:15, the Defendant discovered the victim C (the age of 33) who was under the influence of alcohol around the first floor of the building B, and the victim C (the age of 33) who was under the influence of alcohol in the first floor of the building B, and the victim followed the victim by the victim's own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act for the crime, and the selection of fines (for the following reasons for sentencing, consideration shall be given);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in full view of the defendant's age, family environment, and social ties, records of crimes, details and motive of crimes, methods of committing crimes, the risk of recidivism, the risk of recidivism by the employment restriction order, the disadvantage suffered by the defendant due to the employment restriction order, and the effectiveness of preventing sex crimes that may be achieved therefrom, the employment of the defendant shall not be restricted).