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(영문) 대구지방법원 2016.08.23 2016고단1960

강제추행

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

Since about 10 years ago, the Defendant knew the Victim F (M, 38 years of age) and introduced the insurance designer to the victim and recommended him to buy the insurance, but the victim remains at the time of the occurrence of the insurance policy, and agreed with the victim as the victim did so.

1. On October 19, 2015, the Defendant: (a) on the H apartment parking lot located in Daegu-gu G around 16:00 on October 19, 2015; (b) on the H apartment parking lot located in Nam-gu, Daegu-gu; and (c) on the part of the Defendant, the Defendant

It refers to "the victim's chest by hand" and indecent act was committed on one occasion by the victim's chest.

2. The Defendant, at around 18:00 on the same day, committed an indecent act on the part of the victim, by forcing the victim to buck the body of his bucks, while drinking alcohol together with the victim, and by his own initiative, committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents (No. 8 through 10 on the evidence list);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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. 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. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the victim.