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(영문) 수원지방법원 2020.11.26 2020고단5637
강제추행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a guest who has been a victim B(n, 20 years of age) in the "C convenience store" where the victim B is an employee.

At around 03:15 on June 13, 2020, the Defendant committed an indecent act by force against the victim by putting the victim's right behind the victim who disposed of food waste, after pushing the victim's body close close to the body, and by using both sides of the victim's hand and her sent.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Report on investigation (the details of telephone conversationss of victims) and application of Acts and subordinate statutes to investigation reports (the confirmation of CCTVs at convenience points);

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is 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 a competent agency pursuant

When comprehensively taking into account the information disclosure and notification order, the age and occupation of the defendant exempted from the employment restriction order, the risk of recidivism, the motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved therefrom, the proviso of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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