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(영문) 대전지방법원 2012.04.18 2011고단2379

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 23:30 on May 24, 201, the Defendant discovered the victim D (the age of 18) who scam a congested with the confectioning of the confectioning of the confection in the Daejeon Seo-gu Ccafeteria, Daejeon, and found the victim “hing about 30km,” and “hing about 20 minutes of the scambling of the scam. hing. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.h. h. h. h. h. h. h. h. h.). The Defendant scam the victim waiting outside the restaurant, following the victim’s completion of eating, followed the victim to commit an indecent act between the victim and the victim’s h.h. h. k. h. h. k. k.h. k.h.h. k.k.h.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement of D police statement;

1. Application of F's self-culbing legislation;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment of conviction against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to

However, considering the fact that the defendant has no criminal record for the same kind of crime, and that it is difficult to recognize that the defendant has a habit of sexual assault, it is difficult to say that the defendant has a habit of recidivism, it is not necessary to impose security measures such as disclosure notification order.

Therefore, the defendant should not disclose personal information under the proviso of Article 37(1) and Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.