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(영문) 대전지방법원 서산지원 2014.10.10 2014고단465

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 22, 2013, at around 22:00 on the date, the Defendant committed an indecent act by force against the victim E (the age of 23) who worked at a cafeteria located in D Company Co., Ltd. (hereinafter referred to as a dietitian) by d Company E (the age of 23).

Summary of Evidence

1. Legal statement of E;

1. Application of the Acts and subordinate statutes on sound recording CDs

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

1. Selection of a selective fine (the fact that there is no previous conviction except that the defendant was sentenced to a fine on September 1993 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the defendant's age, occupation, etc.);

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 becomes final and conclusive on the facts constituting an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order

It is so decided as per Disposition for the above reasons.