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(영문) 청주지방법원 2019.01.31 2018고단1614
준강제추행
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 21 years of age, 200) are between the defendant and the victim who works together with the employee in the restaurant "C" located in the Cheongju-si.

At around 04:00 on September 13, 2017, the Defendant committed an indecent act against the victim by inserting the victim’s fingers into the victim’s side by putting the victim under the influence of alcohol into the victim’s brogate by putting them into the victim’s panty, and rhythizing them into the victim’s panty.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (request for correction of victim statement);

1. Article 299 and Article 298 of the Criminal Act concerning criminal facts, the choice of fines;

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. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the accused, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, etc., in comprehensive consideration of the age of the accused and the family environment, and social relationship, the special circumstances

1. In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, and disadvantages and side effects therefrom, it is deemed that there are special circumstances in which disclosure or notification of Defendant’s personal information may not be made, as well as the Defendant’s personal information may be given,

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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