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(영문) 대구지방법원 2013.11.07 2013고단5137

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 18, 2013, around 05:10, the Defendant committed an indecent act against the victim by taking her hand over the victim D(22 years of age) side of the 4th floor in Daegu Dong-gu, Daegu-gu, and by taking her hand back to the victim's seat, and by taking the sexual organ into the victim's seat, using the state of her ability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

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

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

1. Where a conviction of a sex offense subject to the registration of 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 pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and 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 a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.