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(영문) 광주지방법원 목포지원 2018.04.27 2018고정6
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who serves in E, a company located in the Republic of Korea-U.S. D, and is a member of the same company as the victim F.

피고인은 2017. 9. 13. 15:44 경 E 출하 실 사무실 책상 앞 의자에 앉아 현장을 다녀온 피해 자가 컴퓨터를 써도 되냐고 묻자 아무런 이유 없이 오른손 손등으로 피해자의 성기 부분을 1회 툭 쳐 강제로 추행하였다.

Summary of Evidence

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

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with respect to F;

1. Application of F’s written Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. In the instant summary order imposing a non-order to complete a program under Article 334(1) of the Criminal Procedure Act, the Defendant did not order the Defendant to complete a sexual assault treatment program, and the Defendant requested a formal trial only. As such, the Defendant shall not be ordered to complete a sexual assault treatment program in accordance with the principle of prohibition of disadvantageous alteration (see Supreme Court Decision 2015Do11362, Sept. 15, 2015). If a conviction on the criminal facts stated in the decision to register and submit personal information becomes final and conclusive, 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime that may be achieved therefrom, the effect of protecting the victims, etc.

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