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(영문) 청주지방법원 2018.11.29 2018고단1409
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 9, 2018, the Defendant, at around 09:00 on May 9, 2018, followed the victim D (k), walking along the paths from C adjacent to the Heungdong-gu, Cheongju-si, B, Cheongju-si, followed by his hand, seems to have knicked the victim's right knife at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (ctV images around the scene of the crime), a report on internal investigation (CCTV verification), and a report on internal investigation (the arrest of the suspected person);

1. The application of the Acts and subordinate statutes on the personal photograph and the personal photograph taken by the person who was reported at the time of committing the crime in his/her place of residence;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

It is not good that it commits an indecent act against a victim who had the reason for sentencing.

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