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(영문) 춘천지방법원 원주지원 2018.08.22 2018고단108
강제추행
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has conducted camping in B camping and the victim C (n, 34) is a person who lives in the management office of the above camping site and has managed the camping site.

At around 02:00 on March 10, 2017, the Defendant: (a) rhymd the victim’s left side with the victim’s own hand from the management office of the Camping Party D, and (b) rhymd the victim’s chest with his hand; (c) rhyd the victim’s chest with his hand; and (d) rhyd the victim’s hand into his arms; and (e) rhyd the victim’s hand into his arms; and (e) rhyd the victim’s left kym with his hand.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act applicable to the crimes;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the relevant agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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