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(영문) 춘천지방법원 2020.12.01 2020고단709
강제추행
Text

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

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On May 6, 2020, the Defendant: (a) around 14:55 (see, e.g., evidence No. 8) on May 14, 2020 (see, e.g., evidence No. 8); (b) around 13, 199, Gicheon-gun, Hongcheon-gun, Mancheon-gun, the victim D (the victim’s name, leisure, 36 years of age) reported urines; (c) brought the victim’s body behind the victim’s back to the victim’s back to the victim’s back, and led the victim’s chest to several times with the Defendant’s hand (see, e.g., evidence No. 31 of the record). Accordingly, the Defendant forced the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A gene appraisal report;

1. 112 Application of the 112 Reporting Report List, each photographic Act and subordinate statutes;

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 to Order is an adult, and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse stated in the indictment shall not apply to the public prosecutor.

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, and process of the instant crime.

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