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(영문) 전주지방법원 2019.05.15 2018고단2057
강제추행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 20, 2018, the Defendant: (a) committed indecent act by compulsion on the ground that: (b) the Defendant was asked to leave the victim’s sexual organ at a convenience store from the victim E (the age of 52) belonging to the Jeonnan Police Station D (the age of 52) who was called out after having received the 112 report of the 14:55 on the convenience store C located in Tonsan-gu B; (c) on the ground that the victim’s sexual organ was sent to the victim E (the age of 52).

2. Although the Defendant had had employees, etc. of the date and time, place, and place indicated in paragraph (1), the Defendant, as seen above, expressed the victim’s desire to leave, such as “the victim, i.e., e., son of bitch bitch,” thereby openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on internal investigation (related to witness of a police officer dispatched to the scene);

1. Application of the statutes governing crime photographs;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the selection of punishment, Article 31 of the Criminal Act and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction of a crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 the defendant is obligated to submit personal information to the competent agency

For the defendant exempted from the disclosure order, notification order, and employment restriction order, it appears that the registration of personal information and the completion of sexual assault treatment program can have the effect of preventing recidivism, and the defendant's age, occupation, details and motive of the crime, method of and result of the crime, and seriousness of the crime.

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