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(영문) 대전지방법원 천안지원 2016.08.19 2016고단568

강제추행

Text

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

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

Reasons

Punishment of the crime

On December 6, 2015, around 04:15, the Defendant committed an indecent act by force against the victim by putting the victim’s left side bucks of the victim E (the victim’s name, buck, 25 years old) on one hand within the main point of “D” located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to E;

1. CCTV photographs and video CDs (the defendant's intentional act of indecent act is recognized in light of the fact that the victim's cell phone is recognized and the part of the victim's crebbbbs which crebbs in other victim's crebbbs turn on his own)

Application of Statutes

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

1. Articles 70 and 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. In a case where a conviction becomes final and conclusive on the facts constituting a crime subject to the registration of personal information in light of Article 334(1) of the Criminal Procedure Act, including the first offense for the sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of conduct of prosecution is minor, 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 a person subject to registration of personal information, and thus, the person is obligated to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the 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 preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified 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) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the accused.