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(영문) 수원지방법원 2020.01.31 2019고정1739
강제추행
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

피고인은 2019. 8. 26. 15:55경 화성시 B에 있는 (주)C 사무실 앞 담배 피는 장소에서 같은 직장에 근무하는 피해자(여, 21세)의 오른쪽 엉덩이를 왼쪽 손바닥을 이용하여 3회 ‘툭툭툭’치는 방법으로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to investigation reports (as regards CtV images);

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 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the head

Article 47(1) and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

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