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(영문) 대구지방법원 포항지원 2018.06.21 2018고단491

강제추행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 12, 2018, around 23:50 on March 12, 2018, the Defendant: (a) at the “D” club located in Jindo-gu, Busan; (b) at the victim E (V, 24 years old); (c) at the victim E (V) who was danced, the Defendant met the victim’s chest by hand; and (d) around 00:14 on the following day, the Defendant met the part of the victim’s chest who found him/her against the above fact.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a investigative report (to attach photographs toCCTVs).

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and consequence of a crime, seriousness of a crime, anticipated side effects and side effects to be achieved by an order of disclosure or notification, prevention and effect of a sexual crime subject to registration, protection of victims, etc. of the Defendant exempted from an order of disclosure or notification of personal information, there are special circumstances under which the disclosure of personal information may not be announced pursuant to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

The decision is judged.

Therefore, the disclosure order and notification order are given to the defendant.