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(영문) 춘천지방법원 강릉지원 2020.03.26 2019고단1290
강제추행
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 19:00 on May 8, 2019, the Defendant: (a) entered the victim C (the age of 82) who was suffering from a new attack at the Defendant’s residence located in Gangnam-si B; (b) allowed the victim to drink; (c) the victim am under the influence of alcohol; and (d) forced the victim to enter the victim’s own room; and (c) forced the victim to enter the victim’s hand by hand; (d) continuously, the Defendant committed an indecent act by force, such as continuing to see the victim’s right to view and left side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (related to DNA interviews);

1. Application of Acts and subordinate statutes to investigation reports (related to field photographs of the case);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice 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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

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