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(영문) 대전지방법원 서산지원 2021.03.29 2021고정6
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

The Defendant, at all, committed an indecent act against the victim’s will four times in the way that the 'D' inside, around August 20, 2020, located in Western City C, Seosan-si around August 20, 202, was behind the victim who was seated in the direction of the passage of the toilet, and that he was able to do so with his hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B (tentative name) and E;

1. Written statements and E written statements;

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order, an order to notify, and an order to restrict employment; 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; 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 [the Defendant’s age, occupation (or sports facilities at present), risk of recidivism; the motive, method, disclosure order, notification order, and employment restriction order of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order; the prevention of sexual crimes subject to registration; and the protection effect of the victims thereof; special circumstances exist that may not disclose or notify the Defendant’s personal information; or restrict the employment of children, youth-related institutions, etc. and welfare facilities for disabled persons;

[Judgment] The Defendant had a sense of shameed for the victim by committing an indecent act against the victim on several occasions.

However, the defendant does not want the punishment of the defendant by mutual consent with the victim, and the defendant.

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