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(영문) 의정부지방법원 고양지원 2021.01.14 2020고정819
강제추행
Text

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

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

Reasons

Punishment of the crime

피고인은 2020. 7. 27. 08:18 경 파주시 B 아파트 C 동 엘리베이터 내에서 청소를 하고 있던 미화원인 피해자 D( 여, 65세) 의 엉덩이를 갑자기 손으로 1회 툭 치듯 범행 태양을 구체화하는 내용의 공소장변경이 있었다.

The victims were forced to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV Acts and subordinate statutes to elevators;

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

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. There is a special circumstance in which the disclosure or notification of personal information of the defendant should not be made by comprehensively taking into account the defendant's age, occupation, risk of recidivism, type, motive, process of crime, disclosure or notification of the crime of this case, anticipated side effects and side effects of the sex offense subject to registration that can be achieved, prevention of the sex offense subject to registration, effects of the protection of victims, etc., and other relevant factors.

[Determination]

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Welfare of Persons with Disabilities, and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, risk of recidivism by an employment restriction order, the disadvantage suffered by the defendant and effect of the sex offense that may be achieved therefrom, etc. shall not

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