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(영문) 춘천지방법원 2021.01.19 2020고단1247

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

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On July 31, 2020, the Defendant was getting from the C1st floor elevator located in Chuncheon City, B (see, e.g., evidence record No. 9) around 12:45, Jul. 31, 2020, found the victim D (the name, the age of 33) who was waiting for the above elevator to board the elevator, and the Defendant committed an indecent act by force against the victim on the part of the Defendant, by making the victim's right chests only once (see, e.g., evidence record No. 15,40).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the photograph of the instant case (Chapter 3), each closure photograph and the Acts and subordinate statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. Article 47(1) and Article 49(1) proviso to 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of repeating a crime, type, motive, process of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify information, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting the victims, etc. shall be comprehensively taken into account;

may be determined)

1. Exemption from an employment restriction order;