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(영문) 청주지방법원 2018.11.01 2018고단1131
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a student E (a family name, a female, 24 years old)’s worship at the same university.

On December 16, 2017, the Defendant: (a) around 07:00, at the house room of G, the post-school line Fudio 501, G, the after-school line of the Chungcheongbuk-si, the Defendant, at around 07:50 on December 16, 2017, would drink with G and the victim while drinking alcohol together with the victim; and (b) around 11:50 on the same day, the Defendant was able to put the victim’s hand in the space of the victim’s bridge who is going on the side of the defendant’s body; (c) was able to use the victim’s sound and spood with the part of the outside of the bridge immediately after the victim’s body, and continued to use the victim’s spood and spood with the part of the victim’s spood.

Accordingly, the defendant committed an indecent act on the part of the victim by using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the statutes governing the text of the victim and suspect;

1. Article 299, Article 298 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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 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 defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism, profits and preventive effects expected from the disclosure order and the notification order of this case, and disadvantages and side effects therefrom, etc.

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