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(영문) 창원지방법원 통영지원 2018.11.30 2018고정358
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

피고인은 2018. 5. 17. 16:00 경 거제시 B에 있는 “C 매표소” 앞 노상에서, 친구들과 술을 마시고는 술에 취한 상태로 위 장소로 놀러 가 구경 중이 던 피해자 D( 가명 )에게 돈을 빌려 불특정 다수인들과 윷놀이를 하였다.

피고인은 윷놀이를 하다 피해자에게 빌린 돈을 갚아 주면서 오른손으로 피해자의 왼쪽 가슴을 움켜잡듯 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigative reports (party E telephone conversations for shootings), investigative reports (party F telephone conversations for shootings), investigation reports (party G telephone conversations for shootings), and investigation reports (party G telephone for shootings);

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

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an employment restriction order;

1. Taking into account the various circumstances indicated in the records, such as the Defendant’s age, sexual behavior, environment, family relationship, etc., in light of Articles 47(1) and 49(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant agreed to the effect that the Defendant was smoothly committed with the victim, the Defendant has no record of criminal punishment, and the Defendant’s age, sexual behavior, environment, family relationship, there are special circumstances under which the disclosure of the Defendant’s personal information should not be disclosed, and there are no special circumstances under which the Defendant’s employment should not be restricted.

In conclusion, the defendant is found guilty of the facts constituting a sex offense subject to registration.

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