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(영문) 청주지방법원 2020.05.21 2020고단85
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the family name) are between the workplace ship and the victim.

피고인은 2019. 7. 30. 23:00경부터 다음 날 01:00경 사이 청주시 흥덕구 C, D점 안에서 옆에 앉은 피해자의 등허리를 왼팔로 감싸 안은 채 피고인의 가슴팍을 양 손으로 밀어내며 거부를 하는 피해자의 의사에 반하여 강제로 키스를 하여 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to B, E, and F

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In light of the following: (a) an disclosure order, notification order, and employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: (b) 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; (c) the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities; and (d) the proviso to Article 59-3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: (a) it is difficult to readily conclude that the defendant has a sexual assault habit or a risk of recidivism since he/she has no record of punishment for a sexual crime; (b) the defendant’s Nana environment, social relationship, etc. appears to have the effect of preventing recidivism; and (c) other benefits and preventive effects expected by the disclosure order, etc. and adverse effects therefrom; and (d) the defendant’s personal information is registered and finalized.

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