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(영문) 청주지방법원 충주지원 2020.05.08 2019고단687
강제추행
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant and the victim B (n, 61 years of age, 200) are the space between the Defendant and the victim through the “Influence” of smartphone display.

On March 10, 2019, at around 16:00, the Defendant: (a) sent the victim’s chest to 2:3 times to 2; and (b) committed indecent act by making the victim’s chest to her left hand by her own fault in the front parking lot of the Defendant’s dwelling.

The Defendant continuously carried the victim into his own place of residence and displayed the victim’s sexual organ, who was off the victim’s own brightness and clothes, and led the victim’s hand, led the victim to correct the victim’s sexual organ, exceeded the victim’s will and clothes, followed the victim’s negative organ, and committed an indecent act against the victim by deceiving the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on the statement of prosecutor B to the prosecution;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Fine)

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. Where a criminal facts in the judgment of the court below, which stated that the provisional payment order should be registered and submitted, become final and conclusive as a conviction, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police agency pursuant to Article 4

In light of the defendant's age, occupation, family relation, record of crime, type and motive of the crime, process of crime, etc. exempted from disclosure order, notification order, and employment restriction order, the effect of preventing recidivism can be expected even if personal information is registered and completed to the defendant, and social defense is not sufficient.

Accordingly, each of the above.

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