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(영문) 수원지방법원 2020.08.27 2020고단2987
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 19:35 on April 3, 2020, the Defendant, as calculated in order to complete meals within the ‘Ccafeteria’ located in Osan City B, and calculated, found the victim D (n, 16 years of age) who was cooking the food of customers on the other table table, followed by the victim’s behind the victim, committed an indecent act by forcing the victim to contact with his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written statement prepared by E;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 6);

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restrictions Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on Welfare of Disabled Persons, and the proviso to Article 59-3(1) of the Act on Welfare of Disabled Persons, are deemed to have no record of punishment for sex offenses even if the Defendant had obtained registration of personal information and orders to complete sexual assault treatment programs, which can have an effect of preventing recidivism to a certain extent. In full view of all the circumstances such as the Defendant’s age, home environment, family relationship, social relationship, relationship with the victim, details and consequence of the instant crime, the prevention of sexual crimes that can be achieved through disclosure orders, notification orders, and the effect of protecting the victims of sexual crimes, and the degree and anticipated side effects of the Defendant’s entry, there are special circumstances.

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