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(영문) 광주지방법원목포지원 2020.12.04 2020고정173
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

피고인은 2020. 4. 24. 17:12경 목포시 B에 있는 피해자 C(여, 47세) 운영의 D 내에서 손님으로 방문하여, 피해자에게 귓속말로 "나랑 연애하자"라고 말을 하며 피해자의 엉덩이를 손으로 만짐으로써 피해자의 의사에 반하여 피해자를 강제추행 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photograph screen pictures by capturing a criminal investigation report (such as victim's statement, etc.), photographs of the scene of the crime, internal investigation report (on-site CCTV verification and investigation into the surroundings, suspect's specific relation), CCTV image CDs in the Saza Center, suspect's wire, etc.;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense 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 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 competent agency pursuant

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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