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(영문) 창원지방법원 2019.06.21 2019고단533
강제추행
Text

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

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

Reasons

Punishment of the crime

On February 8, 2019, at around 00:36, the Defendant had a telephone conversation in the vicinity B of the window of Changwon-si, and had a mixed victim C (V, 22 years of age) her son her son her son her son her son her son her son her son her son her son her son her son her son her son her son her son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a criminal report (Attachment to the 112 Report List), a criminal investigation report (Attachment toCCTV Images);

1. Relevant Article 298 (Selection of Fine) 1 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 70 (1) and 69 (2) of the Criminal Act concerning detention in a workhouse;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; 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 Defendant did not have any history of criminal punishment for sexual crimes prior to the instant case; and the possibility of recidivism in the future is difficult in light of the details, methods, and results of the instant crime, and the relationship between the Defendant and the victim. Furthermore, the Defendant’s order to register personal information against the Defendant and attend the course to prevent recidivism may have an effect to prevent recidivism to a certain extent. In addition, considering the Defendant’s age, occupation, environment, family relationship, social relationship, the process, means, and consequence of the instant crime, disclosure orders or notification orders, the degree and expected side effects of the disadvantage the Defendant may sustain, the Defendant’s personal information disclosure and notification of the Defendant’s personal information may not be made).

1. Exemption from an employment restriction order;

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