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(영문) 대구지방법원 의성지원 2018.01.18 2017고정86

강제추행

Text

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

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

Reasons

Punishment of the crime

The Defendant is a representative director of C (hereinafter “instant company”) and the victim D (V, 30 years of age) is an employee of the said company.

The Defendant, along with four employees of the instant company including the victim, was going to travel from July 22, 2016 to July 24, 2016 as the “E EXPO” held in Chinese injury.

On July 23, 2016, the Defendant committed an indecent act by committing an indecent act on the part of the victim, who was held in E EXPO A30, A47 ‘G', which was held in the building F, centering on the Rabdrance floor of the Mabr30 U.S. on July 23, 2016.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police of D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to EXPOs, videos, etc.);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 provides that a defendant who has registered personal information of this case shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in a case where a conviction becomes final and conclusive on the criminal facts of this case, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

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 may be achieved by the order, the preventive effect of a sexual crime subject to registration, the effect of protecting the victims, etc., pursuant to Articles 47(1) and 49(1) 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 against Sexual Abuse.