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(영문) 창원지방법원 2021.01.21 2020고단3329
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

The defendant and victim B (n, 22 years of age) are friendship relationships.

On September 12, 2020, the Defendant 00:10 on September 12, 2020, brought the victim himself before the entrance of the Gu apartment building D, and kiddds the victim, and kidddds the victim several times even though the victim was pushed the Defendant, and resisted.

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Statement by the defendant in this court;

1. Application of the victim's statement protocol, accusation and investigation reporting 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction against a defendant is finalized on the facts constituting a crime in which he/she should register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant becomes 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 a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, type of crime, process of crime, records of crime, social benefits expected to be expected by an order to disclose or notify information, and the effect of preventing sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, or an employment restriction shall not be ordered to institutions related to children, juveniles, etc. and welfare facilities for disabled persons, such as children, juveniles, etc., and employees

Therefore, in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act, and the proviso to Article 59-3(1).

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