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(영문) 청주지방법원 제천지원 2014.10.02 2014고단260

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 24, 2014, around 00:15, the Defendant committed an indecent act by force against the victim D(n, 39 years of age) on the part of the victim D(n, f, with the victim while drinking alcohol together with the victim in the Kafbook.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts, the choice of fines (such as the fact that an agreement is made only with the victim and that the defendant has no power to punish the same kind of punishment);

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

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

1. Where the conviction of a defendant against a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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, and is obligated to submit personal information to a related agency

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, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 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, in full view of the following factors: