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(영문) 창원지방법원 마산지원 2012.08.23 2012고단145

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 03:30 on December 29, 201, the Defendant committed an indecent act against the victim D (the victim 24 years old), who is an employee, by drinking the victim D (the victim Doese 24) in his/her hand, was pushed his/her face into the face of the said D, and was pushed his/her face. On his/her hand, the Defendant forced him/her to do so by rhying the left side of the said D buckbucks and tacks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to the protocol of prosecutorial statement concerning D;

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

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

1. In light of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order under Article 334(1) of the Criminal Procedure Act, the Defendant’s disadvantage and anticipated side effects due to the disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims of the sexual crime, etc., the disclosure order or notification order shall not be issued in accordance with the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Where a judgment of conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration of personal information, the defendant is a person subject to registration of personal information under Article 32 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to

The reason for sentencing is that the defendant has no same criminal record, the background of the crime in this case, the method and degree of the act of indecent act, and other factors for sentencing such as the defendant's age, character and conduct, family relationship, economic condition, etc.