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(영문) 청주지방법원 2019.07.11 2019고단781
강제추행
Text

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

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

Reasons

Punishment of the crime

On April 2, 2019, at around 07:29, the Defendant committed an indecent act by force against the victim’s own hand, following the victim E (n, 47 years old, and Ga name) who was arranging the head of the Tong within 365 cm from among D weeks located in the petition area C at the Cheongju-si, Chungcheong.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images at the time of committing a crime);

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

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

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

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

1. In light of an order to disclose information, a notification order, and an employment restriction order, Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from such order, the proviso to Article 49 (1), Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 1, 2018), the proviso to Article 59-3 (1) of the Welfare of Disabled Persons Act (Article 59-3 (1) of the Act on Welfare of Disabled Persons (Article 15904, Act No. 15904, Dec. 11, 2018). In light of the Defendant’s Nab, home environment, social relationship, etc., it is difficult to conclude that the Defendant’s personal information registration against the Defendant alone can have the effect of recidivism, and other disadvantages and side effects of disclosure order, etc.

1. The defendant shall be subject to the registration and submission of personal information under Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation Order (as agreed upon with KRW 3.5 million).

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