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(영문) 창원지방법원 진주지원 2016.05.17 2016고단284
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

On March 12, 2016, the Defendant: (a) around 08:40 on March 12, 2016, at the food store for the victim D (n, 20 years of age) working in Jinju City, reported the situation where the victim was able to find the goods; and (b) even after the victim’s own arms, the Defendant saw the part of the victim’s shoulder with his own arms, and met the chest.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 298 of the Criminal Act and the fine concerning the facts constituting the crime;

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. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under Article 334(1) of the Criminal Procedure Act, the type, motive, process, consequence and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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