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(영문) 의정부지방법원 2019.08.29 2019고단2150
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 15, 2017, at around 18:00, the Defendant found the victim B (here, 18 years of age) who was married under the influence of alcohol, and caused the victim’s left chest by water leakage on the part of the victim who was diving.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Each investigation report (referring to the case ofF telephone conversations for reference witnesses, the case of secondary telephone conversations for reference witnesses, and the investigation into site rents);

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. In full view of the following circumstances acknowledged in the public disclosure order, notification order, and exemption of employment restriction order, Articles 47(1) and 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), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act: (i) the Defendant recognizes and reflects all of the instant crimes; (ii) the Defendant has no criminal history; (iii) the completion of the registration of new information and the sexual violence treatment program alone appears to have the effect of preventing recidivism by the Defendant to a certain extent; and (iv) the Defendant’s age, occupation, family environment, social relationship, risk of repeating a crime, the disclosure order, the benefit expected by the order of disclosure of this case, and any disadvantages and adverse effects of the Defendant’s.

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