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(영문) 대구지방법원 김천지원 2014.04.30 2014고단166

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

1. On January 20, 2014, the Defendant, at the convenience store located in Kimcheon-si B, on January 20, 2014, 19:41, up to 19:41, the Defendant: (a) brought the victim into two descendants; and (b) committed an indecent act by force in response to the victim’s boom and the breacing of alcohol.

2. On January 20, 2014, at around 21:06, the Defendant re-exploited the victim who was seated on the tables, and forced the victim to be scam and sckes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (where such report is filed, circumstances leading to entry, etc.);

1. Application of the Acts and subordinate statutes to a report on investigation (Attachment of CCTV photographs);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the criminal liability of the defendant is not exceptionally applied in light of the circumstance and degree of indecent act by force, and the victim wants to punish the defendant. However, the defendant's mistake is against the defendant, and there is no record of the same kind of crime, considering the favorable circumstances, the punishment is determined like the order.

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sexual crimes of the defendant who shall submit personal information, 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 personal information to the head of the competent police

However, an order to disclose or notify the registered information needs to be careful and prudent in that it may seriously obstruct the rehabilitation of the accused, and in this case, the personal information shall not be disclosed, such as the registration of personal information alone, to prevent recidivism of the accused, and to be seen to prevent sexual crimes.