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(영문) 전주지방법원 정읍지원 2016.03.22 2015고단577
강제추행
Text

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

The Defendant worked at the same construction site as the victim C(47) and used the Eelel located in Go Chang-gun D for accommodation.

The Defendant, at around 22:30 on October 6, 2015, at the above Ecom 303 heading room, reported the victim, who was shacked on the floor of the Round and who was reporting TV from both sides, and acted as they covered the victim by the body after miling him/herself into both sides, and boomed the victim’s sexual flag toward the panty, and “a good ver.”

The term "indecent act was committed by coercion, etc.".

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. Application of Acts and subordinate statutes to a written statement prepared by the F;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse: The defendant’s age, occupation, background of the instant crime, social relation, criminal record, and the risk of recidivism; the order to complete a program aimed at improving his/her character and conduct is concurrently imposed; the disclosure or notification of the defendant’s personal information may not be made in full view of all the circumstances such as the defendant’s age, occupation, background of the instant crime; and social relation; and the risk of recidivism; and disadvantage and side effects

The decision is judged.

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant shall obtain personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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