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(영문) 청주지방법원 2019.02.14 2018고단2210
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 10:00 on July 17, 2018, the Defendant was cut in a beauty room operated by the Victim B (Y, 64 years of age) located in Cheongju-si, and the Defendant was able to see the Defendant’s body with a view to sticking the Defendant’s code on the container installed on the lower wall of the Defendant, and she was flicked by inserting the Defendant’s hand between the two bridges of the victim, and she was flicked with a part of the victim’s sound.

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

Summary of Evidence

1. The police statement concerning B;

1. While the Defendant denies the crime, the above assertion is not accepted since it can be sufficiently recognized that the Defendant committed an indecent act against the victim as stated in its reasoning, in full view of the evidence duly admitted and investigated.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the accused, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, etc., in comprehensive consideration of the age of the accused, the special circumstances that may not be restricted on employment

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the age, occupation, family environment, social ties, previous convictions, and risk of recidivism of the accused under Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and profits and effects expected from the order to disclose or notify, and disadvantages and side effects therefrom, etc.

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