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(영문) 춘천지방법원 2021.02.23 2020고단1362
강제추행
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

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On September 28, 2020, the Defendant, at around 22:48 (see, e.g., evidence record No. 7th page) on the front side of the “C” in Chuncheon City B, where he was aware of another person’s son’s son, thereby leaving his arms free from the right side of the victim’s son’s hand, and only as she was able to use her son’s son from the right side to the west (see, e.g., evidence record No. 21, 48th page). Accordingly, the Defendant committed an indecent act by force against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

112 Application of the 112 Reporting Case Handling List, on-site photographing statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify information, prevention of sex crimes subject to registration, and effects of protecting the victims, etc. shall not be disclosed or notified.

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