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(영문) 청주지방법원 2019.10.16 2019고정567
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 the “B customer” and the victim C is the head of the Dong office.

At around 10:40 on April 25, 2019, the Defendant: (a) 10:40, the Defendant: (b) completed the business within the main point of “B,” located in “B,” the Defendant forced the victim to sit in the tables; (b) 10-15 times the victim’s chests under the victim’s clothes; (c) 10-15 times the victim’s breasts were collected into the primary skin where the victim was suffering; and (d) 10-15 times the victim’s breasts were stored into the body part of the victim’s body; (d) forced the victim to take the fingers, and forced the victim to take the fingers into one’s own sexual intercourse; and (e) forced the victim to commit an indecent act against the victim’s will, such as coercioning the victim’s fingers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes concerning investigation reports (on-site CCTV);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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. An order to disclose personal information, and an order to notify the personal information, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), and the proviso to Article 56(1) of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 1350, Dec. 11, 2018); the Defendant’s age, occupation, risk of recidivism, the motive, method, consequence, and seriousness of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s personal information resulting therefrom; the preventive effect of sexual crimes that may be achieved; and the protection effect of the victims thereof.

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