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(영문) 청주지방법원 충주지원 2016.05.13 2015고단564
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 15, 2015, at around 17:00, the Defendant: (a) opened a chair within the D convenience store located in C, if he/she operates; (b) opened the victim E (V, 21 years old); (c) opened the victim’s knee with his/her knee, left the victim’s knee with his/her knee; and (d) committed an indecent act against the victim by force by force, on his/her hand, by making the victim’s knee with his/her knee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Application of Acts and subordinate statutes to the written victim E;

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

1. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing is that the defendant committed an indecent act against the victim despite the victim's explicit refusal by the convenience store operated by the defendant.

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