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(영문) 청주지방법원 충주지원 2020.06.05 2020고단17
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 02:10 on January 1, 2020, the Defendant, while drunk at the C convenience point located in the voice group B located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) committed an indecent act by force against the victim, who was a part-time arb, in order to dispose of things that fall away from the victim D (Inn, 31 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the results of recycling one CD;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Fine)

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 criminal facts in the judgment of the court below, which stated that the provisional payment order should be registered and submitted, become final and conclusive as a conviction, 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 the head of a competent police agency pursuant to Article 4

In light of the defendant's age, occupation, family relation, record of crime, type and motive of the crime, process of crime, etc. exempted from disclosure order, notification order, and employment restriction order, the effect of preventing recidivism can be expected even if personal information is registered and completed to the defendant, and social defense is not sufficient.

If the above order shows the degree and expected side effects of the defendant's disadvantage, the prevention of sex crimes subject to registration that can be achieved by such order, and the effect of the protection of victims, there are special circumstances where the defendant's personal information is not disclosed or notified or the restriction on employment is not imposed.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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