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(영문) 대구지방법원 2018.07.12 2018고단2144

강제추행

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 9, 2018, the Defendant, at the main point of “D” located in Junggu Daegu-gu, Daegu-gu, around 00:10, sought to have the victim’s chest while driving the victim’s E (inns, 21 years old) and drinking, and to have the victim’s chest fit with the victim’s neck, and met the victim’s chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. On-site reports (Attachment of site photographs) - Application of the Acts and subordinate statutes of photographs;

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

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason for sentencing is recognized and against the victim, and the victim wants to take the action against the defendant by agreement with the victim, the first offender, the background of the crime, the relationship with the victim, the degree of conduct, the defendant's age, sexual conduct, environment, motive, means and result of the crime, and other circumstances that are conditions for sentencing as shown in the records and arguments shall be determined as ordered.