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(영문) 대전지방법원 천안지원 2014.06.20 2014고단266

강제추행

Text

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

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

Reasons

Criminal facts

피고인은 2013. 12. 18. 15:10경 천안시 동남구 C에 있는 D 식당 주방 내에서, 홀에서 일하고 있는 피해자 E를 "Come here"이라며 주방 내로 부른 후 "You like me "라면서 강제로 껴안고 피해자의 얼굴에 키스를 하고 계속해서 도망가려는 피해자를 강제로 껴안고 옷 위로 유방을 만져 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Ethical Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.