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(영문) 청주지방법원 2016.09.22 2016고단1456
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 42 years old) are elementary school alumnis.

On May 19, 2016, the Defendant: (a) around 03:30, at the “D” restaurant for the operation of the victim in Heak-gu, Chungcheongnam-gu; and (b) at the victim’s shoulder, who was seated in the right edge of the Defendant while drinking together with his daily operation, she applied his arms to the shoulder of the victim who was seated in the right edge of the Defendant.

At around 04:30 on the same day, the Defendant continued to commit an indecent act by force against the victim by raising his hand on the shoulder of the victim, and by putting his hand on the victim’s hands at a hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against B;

1. Application of CCTV image Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

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. The sentencing criteria of the Supreme Court sentencing committee is not applicable to the case where a fine is selected for the crime committed by the defendant on the grounds of sentencing Article 334(1) of the Criminal Procedure Act.

The contents and degree of the indecent act, reasons for the prosecution, relationship between the defendant and the victim, the relationship between the defendant and the victim, the non-agreement, reflectivity, the age of the defendant, sexual conduct, environment and other various sentencing conditions shown in the argument of this case shall be taken into consideration and the punishment like the order shall be determined.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the competent agency as prescribed in Article 43

The age, occupation, risk of recidivism, details and motive of the crime, and crime of the defendant exempted from the disclosure order or notification order.

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