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(영문) 청주지방법원 충주지원 2014.10.01 2014고정47
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On October 19, 2013, the Defendant: (a) reported on October 20, 2013, at the bus stops of the Habro Dol-dong, the victim C (20 years of age, female) was seated in a stop, and (b) committed an indecent act by force against the victim’s own arms by using his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant against a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same

In principle, in a case where the accused who committed a sexual crime of judgment as to whether to impose an order to complete a program is convicted of a fine, an order to complete a program shall be imposed. However, in the summary order of this case, the accused did not impose an order to complete a program, etc. on the accused, and only the accused filed an application for a formal trial, the Defendant does not impose an order to complete a program pursuant to the principle of prohibition against disadvantageous alteration under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). The Defendant’s age, occupation, risk of recidivism, and risk of recidivism, type of the instant crime, motive, process, consequence, seriousness of the instant crime, disclosure order or notification order, the degree and anticipated side effect of the disadvantage the accused was placed, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim of the sexual crime,

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