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(영문) 대구지방법원 서부지원 2013.06.11 2013고단70

강제추행

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

피고인은 2012. 9. 28. 21:20경 피고인이 운전하던 B BMW 승용차안에서 조수석에 앉아 있던 피해자 C(여, 18세)에게 “니는 내꺼다”라고 말하면서 피해자의 귓불을 만지고 왼쪽 목과 어깨를 쓰다듬고 피해자의 왼쪽 허벅지를 비비듯이 문질러서 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime. Article 298 (Consideration of Fine: Consideration of circumstances, including the fact that the degree of indecent act is not much serious and that there has been an agreement with the victim);

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

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from an order to notify disclosure;

1. Where a conviction of a defendant against a sex crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to a related agency pursuant to Article 34 of the same Act.