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(영문) 창원지방법원 진주지원 2019.08.22 2017고합84
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On February 9, 2017, the Defendant was sentenced to two years and six months of imprisonment and three years of suspension of execution, and the judgment on April 20, 2017 became final and conclusive on April 20, 201.

【Criminal Facts】

On September 20, 2017, around 13:17, the Defendant found the victim D (20 years of age) who was seated in the front seat of the C ticket office located in Jinju-si B, and caused the victim to move the victim's right chest by a sudden hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Images and CCTVs taken at the scene of a crime;

1. The application of criminal records, inquiry reports, and copies of written judgments to statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. Where a conviction becomes final and conclusive with respect to a crime of indecent act by compulsion as to the registration of personal information of a child or juvenile subject to employment restriction order, Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the defendant is a person subject to registration of personal information pursuant to Article 42(1)

The fact that only the registration of personal information of the accused and the completion of sexual assault treatment programs against the accused under 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, could prevent the recidivism of the accused, and other profits and crime preventive effects expected due to the disclosure notification order, and the disadvantages and expected side effects therefrom.

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