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(영문) 창원지방법원 2019.05.17 2019고단554
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 31, 2018, at around 21:25, the Defendant: (a) purchased drinking water in front of the drinking water at the C convenience store located in Kimhae-si B; (b) obstructed the victim by force by force, including, but not limited to, the victim D (Nam, 27 years of age)’s her son, who was working there; and (c) the victim demanded the death from the police and reported the defect to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; 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 (in full view of the Defendant’s age, occupation, environment, family relationship, social ties relationship; the details, means and result of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure orders or notification orders; and the effectiveness of the prevention of sexual crimes subject to registration that may be achieved therefrom; and the protection of the victim, there is a special circumstance in which the Defendant’s personal information shall not

1. In full view of all the circumstances, including the details and methods of the instant crime under the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, character and conduct, occupation, environment, criminal records and the risk of recidivism, the degree of disadvantage and anticipated side effects of the Defendant’s suffering from the employment restriction order, and the prevention effect of sexual crimes that may be achieved therefrom, the Defendant is highly likely to repeat the crime.

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