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(영문) 의정부지방법원 2019.08.29 2019고정917
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 22:30 on March 1, 2019, the Defendant found the victim at the “D” restaurant operated by the victim C (n, 63 years of age) in Gyeonggi-gun B, on the ground that the victim did not pay the amount of KRW 50,00,00 that the victim would pay at the end of each month, and led the victim to talk, while under the influence of alcohol, he saw the victim’s inside part of the part of the victim to be pushed down, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, 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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 shall not be sentenced to disclosure or notification order against the accused, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, degree and effect of disadvantage to the Defendant resulting from the disclosure or notification order, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

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