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(영문) 춘천지방법원 2019.07.16 2019고단249
준강제추행
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

On January 13, 2019, around 07:50 on January 13, 2019, the Defendant was divingd in the victim D(28 years of age) on the fourth floor of “Csariland” located in Chuncheon-si B, Chuncheon-si.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of fines (the fact that the defendant has agreed to pay a reasonable amount to the victim and the victim has expressed his/her intention not to want the punishment, and the part and degree of indecent conduct, etc. shall be taken into account);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The court below held that the defendant's personal information shall be disclosed or notified or the defendant's disadvantage and anticipated side effects shall not be ordered to be restricted to employment in welfare facilities for children and juveniles, in full view of all the circumstances such as 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: the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the content and circumstances of the crime, the risk of recidivism of sexual crime is likely to be low; and the defendant may have the effect of preventing recidivism by completing personal information registration and sexual violence treatment programs.

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