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(영문) 청주지방법원 2019.08.14 2019고단1114
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the person who is the site location of the (main) office located in the 5th floor of the Cheongju-si B building in the Cheongju-si.

On March 2019, the Defendant reported the resume of Victim E (a person, a person, and a person aged 31) posted on the “D” website for job placement to the Defendant, and solicited the victim to be employed in the said company by telephone, and became aware of such fact.

On April 10, 2019, at around 20:40, the Defendant, while drinking alcoholic beverages with the victim in the “G G G G G G G G G G G G G HG store” restaurant located in Heung-gu, Chungcheongnam-si, Cheongju, he was transferred to the side of the victim, and he was seated with the victim’s left arms, and the Defendant continued to have the victim’s own right hand part of the part of the victim’s chest in the process of running together with the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of Acts and subordinate statutes for the explanation of ct v video images;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

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

1. An order to disclose personal information, and an order to notify the personal information, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), and the proviso to Article 56(1) of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Presidential Decree No. 2011, Dec. 11, 2018), the Defendant’s age, occupation, risk of recidivism, the motive, method, consequence and seriousness of the instant crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s personal information resulting from the order, the preventive effect and effect of the sexual crime subject to registration that can be achieved, and the protection effect of the victims thereof, etc

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