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(영문) 창원지방법원 2019.06.21 2019고단835
강제추행등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On September 2018, the Defendant: (a) discovered the victim D from the stairs going from the first floor to the second floor of the factory of the company in Kimhae-si, Kim Jong-si; (b) discovered the victim D with the second floor up; and (c) took the victim’s mind of indecent act by compulsion; (d) stored the victim’s chest into the victim’s clothes; and (e) forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; 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 defendant has no record of criminal punishment for sexual crimes before the instant case; it is difficult to see that the possibility of recidivism in the future is larger even in light of the details, methods, and consequences of the instant crime, and the relationship between the defendant and the victim. Furthermore, the defendant’s order to complete a sexual assault treatment program may have an effect to prevent recidivism to a certain extent only with regard to the defendant’s age, occupation, environment, environment, family relationship, social relationship, the process, means, and consequence of the instant crime, disclosure orders or notification orders, the degree and expected side effects of the disadvantage the defendant may sustain due to such order, and the effect of the prevention of sexual crimes to be registered and the victim protection).

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an employment restriction order;

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