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(영문) 청주지방법원 2019.05.30 2019고단320
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 03:25 December 4, 2018, the Defendant, while under the influence of alcohol, committed an indecent act against the victim’s will against the victim’s will, such as: (a) intending to keep the chest and the part of the body of the victim C (in female, family name) together with the children’s park adjacent to Heung-gu Seoul Metropolitan City B; and (b) forced to keep the victim’s clothes off.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In light of the fact that it is difficult to readily conclude that a person subject to registration of personal information of the accused has no record of punishment for a sexual crime, and that there is a risk of recidivism or recidivism of a sexual crime due to the lack of such record, in light of the defendant's B/ home environment, social relationship, etc., the fact that the registration of personal information of the accused against him/her could have the effect of recidivism and other benefits and effects of prevention, disadvantages and side effects expected from disclosure orders, etc., it is deemed that the defendant's personal information is disclosed and notified or his/her employment should not be restricted, such as children and juveniles-related institutions, etc., should be submitted pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and where the registration of personal information of the accused against him/her and the judgment of the accused becomes final and conclusive, the defendant is subject to registration with the competent authority pursuant to Article 43 of the same Act.

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