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(영문) 대구지방법원 서부지원 2018.08.30 2018고단904

강제추행

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a guest of a restaurant with which the victim B(n, 40 years of age) was employed and who became aware of.

On February 8, 2018, the Defendant, at around 20:20, committed an indecent act against the victim, who had food on the front left side of the chaired body of the Defendant, under the influence of alcohol at one room of “D” restaurant located in the Ganbuk-gun, Ganbuk-gun, the Defendant committed an indecent act against the victim by rhuming the victim’s own right knee part after the victim’s kne, to the bottom of his knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, E, and F;

1. Character messages;

1. Application of Acts and subordinate statutes to internal investigation reports (Attachment of sales slips), each investigation report (Evidence List Nos. 10, 11, 12);

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

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

1. Where a conviction is finalized with respect to the crime of compulsory indecent act committed in the judgment that is a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse may not issue an order to disclose or notify the accused, in full view of the Defendant’s age, occupation, family, family environment, social relationship, previous conviction, risk of recidivism, benefits expected by an order to disclose or notify, and adverse effects therefrom, etc.

Sentencing.