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(영문) 대구지방법원 서부지원 2016.06.30 2016고단236

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On January 2, 2016, the Defendant: (a) around 21:40, the Seogu Daegu Apartment C apartment house 303, the Defendant: (b) had the victim D, and (c) had the victim D, and (d) had the victim D; (b) had the victim’s drinking with the neighbor, and (c) had the victim’s drinking with “hum, humping, huming,” and (d) had the victim’s drinking part as follows, and had the victim committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses D and E to the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act of the choice of punishment, and the choice of a fine (the degree of punishment is relatively minor, the defendant is the primary offender, and the defendant is a person with a mental disability of Grade III, etc.);

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

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

1. Where a conviction becomes final and conclusive in regard to the facts constituting a crime on which the personal information is registered under Article 334(1) of the Criminal Procedure Act, the accused 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 a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso to the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged that the defendant does not issue an order of disclosure or notification to the defendant.