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(영문) 청주지방법원 2019.11.28 2019고단2215
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

At around 05:00 on June 17, 2019, the Defendant committed an indecent act by force by force on the part of the Defendant’s grandchildren and shoulders of the Victim D (Woo, 20 years old), which was entered to make a request for the addition of the safe owners to the main bank of the Cheongju-si B.

Therefore, the victim has been in the direction of damage to the accused's indecent act.

The defendant continued to commit an indecent act against the victim's will that the victim wants to enter the main bank in order to again request safe, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines (such as agreement with the victim);

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. In light of an order to disclose information, a notification order, and an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from such an order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 1, 2018), Article 59-3(1) proviso to the Welfare of Disabled Persons Act, and thus, it is difficult to readily conclude that a risk of sexual assault or recidivism exists due to the lack of force imposed on a defendant as a sexual crime. In light of the fact that the registration of personal information of the defendant against the defendant and taking lectures in the treatment of sexual assault appears to have the effect of preventing recidivism, and other disadvantages and side effects expected due to such disclosure order, etc., disclosure of personal information of the defendant or employment-related institutions related to children and juveniles.

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