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(영문) 전주지방법원 정읍지원 2013.10.29 2013고단491

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 1:30 on August 7, 2013, the Defendant: (a) committed indecent act by force by force by force against the victim E (hereinafter “D pharmacy”) who delivers milk from the “D pharmacy” operated by the Defendant at fixed Eup, with the intent to force indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crimes;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won a day) to attract a workhouse;

1. Where a conviction against the defendant on the criminal facts subject to registration of a sexual crime subject to the obligation to submit personal information becomes final and conclusive in regard to Article 59(1) of the Criminal Act (including the fact that the defendant commits a crime and commits a mistake, and repents his/her mistake, the defendant has no record of criminal punishment except a fine of 500,000 won for violation of the Pharmaceutical Affairs Act, and agreement with the victim), the defendant is 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances under which the disclosure of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.