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(영문) 대구지방법원 2018.06.08 2018고단1470

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 9, 2018, the Defendant held a public performance in front of the D Outdoor Central Stage in Daegu-gu, Daegu-gu, on February 21, 2018, and the Defendant committed an indecent act by force against the Defendant on the part of his body by 2 seconds the shoulders, etc. of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement of the victim;

1. Application of statutes governing stenographic records at the Daegu Sea Center;

1. Relevant laws and the choice of punishment for crimes. Article 298 (Selection of Penalty) of the Criminal Act.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that a mistake is divided and that an agreement has been reached with the victim);

1. If a judgment of conviction on a sex offense subject to registration becomes final and conclusive as to the registration of new information and the facts constituting a sex offense subject to mandatory registration under the proviso to Article 21(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (referring to foreigners who are unable to understand the Korean language, and thus are difficult to expect the effect of preventing recidivism due to taking lectures), the Defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and thus, is obliged to submit personal information

No order for disclosure or notification to the accused shall be issued pursuant to Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification of personal information, or the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage to the defendant's disadvantage and the preventive effect of sexual crime subject to registration that can be achieved therefrom, and the effect of protecting the victim.