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(영문) 대구지방법원 2017.04.25 2016고단6380

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. On August 14, 2016, the Defendant forced indecent act committed an indecent act by force against the victim’s 1st floor DJ in Daegu-gu, Daegu-gu around 05:07, in front of the victim DJ, the Defendant committed an indecent act by force against the victim’s son (a person, her life, her age 23) at his/her arms, with his/her opportune, at the victim D (a person, her age 23).

2. The Defendant assaulted the victim at the above date, time, place, and at the victim E (the age of 24) who had observed the above act, following the victim E (the age of 24).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to D or E;

1. Descriptions of internal investigation reports (Attachment of photographs by field CCTV images and caps) and the application of video-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

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

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

1. 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, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that may be achieved, the effect of protecting the victims, etc., in comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, method and consequence of the crime, and seriousness of the crime

Since it is judged, it is not ordered to disclose or notify the defendant.

Where a conviction becomes final and conclusive on a crime of forced indecent conduct in the judgment that is a sex offense subject to registration and obligation to submit personal information, 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.