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(영문) 대전지방법원 천안지원 2016.11.18 2016고단1833

강제추행

Text

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

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

Reasons

Punishment of the crime

On May 5, 2016, around 04:30 on May 5, 2016, the Defendant committed an indecent act by force against the victim’s chests who look at the victim’s chests from the back of the victim’s F (the name of the victim, the leisure, the age of 26) by inserting his fingers into the victim’s hand, and by holding the victim’s chests in charge of the two hand, and by force against the victim’s chests who look at the back of the game.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) 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 a crime subject to the registration of personal information in consideration of the fact that a person committed a crime for sentencing under Article 334(1) of the Criminal Procedure Act, the first offender, the agreement with the victim, and the degree of indecent conduct, etc., the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to obligation to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order and notification order shall be given to the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.