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(영문) 대구지방법원 김천지원 2016.03.30 2015고단1542

강제추행

Text

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

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

Reasons

Punishment of the crime

At around 23:00 on November 23, 2015, the Defendant: (a) at the “C” camera for the Defendant’s operation in Gumi-si B; (b) while the victim D (here, 22 years of age) who is a customer had been playing for a long time; (c) was frequently living for the victim; and (d) continued to kill the victim by hand; and (e) continued to use the victim’s chest by hand, etc., the Defendant shall be inside the male-friendly Gu if the chest was missing.

“Indecent act by force against the victim”.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense (the choice of a punishment, the fact that there exists no record that the defendant has been punished for the same kind of crime, or that there is no record of punishment exceeding the punishment of a fine, the fact that the injured person does not want the punishment of the defendant in agreement with the injured person, the age, sex, circumstances after the crime, etc.) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction on a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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 obliged to submit personal information to the head of the competent police agency pursuant to Article 43 of the same

In light of the Defendant’s age, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure or notification of personal information may not be disclosed or notified.

Since it is judged, the punishment of sexual crimes.