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(영문) 의정부지방법원고양지원 2020.11.13 2020고정545
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is a substitute driver, and the victim B (50 years of age, female, and family) is a customer of C convenience store who works as an employee.

1. The Defendant, around 11:50 on March 17, 2020, committed an indecent act by deceiving the victim’s hand on the victim’s left hand during the calculation of the object within the convenience store of the first floor C of the building in Yongsan-gu, Yongsan-gu, U.S., U.S.A., and holding the victim’s hand on the victim’s hand during the calculation of the object.

2. On March 18, 2020, the Defendant, at the same place as above 14:20 on March 18, 2020, accessed the victim’s behind the back, thereby making the victim’s humf by putting the victim’s humf in good hands.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of the Acts and subordinate statutes to capture CCTV images of convenience stores;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to such order; the prevention of

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the former children and juveniles exempt from an employment restriction order.

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