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(영문) 대전지방법원 서산지원 2014.04.04 2013고단844

강제추행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 12, 2013, the Defendant committed indecent act by compulsion: (a) on September 22 and 10, 2013, the Defendant: (b) reported that the victim D (here 33 years of age) who is a customer would dance at a stage; and (c) took the victim’s body back to the victim’s back, she humdly kids the victim’s body at several times; and (d) committed indecent act by coercioning the victim’s body one time in the future.

2. The Defendant assaulted twice the victim’s vessel by sending the victim a picture to the victim on the ground that the victim spawns the Defendant, such as the date, time, place, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to D

1. Article 298 of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;

1. Selection of each alternative fine for punishment (in agreement with the victim, taking into account that the victim submitted a written withdrawal of a complaint to the court on March 19, 2014; that the defendant has no criminal record; and that the defendant seriously reflects the fact, etc.);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting an indecent act by compulsion on the judgment that is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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, and is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and sexual crimes subject to registration which may be achieved due to such order.