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(영문) 대구지방법원 서부지원 2013.11.07 2013고단1184

강제추행

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

On September 11, 2013, around 19:45, the Defendant committed an indecent act by force by putting the victim D(20 years of age) on the left chest of the victim with his own hand and rhing it on the upper left chest of the victim, which was under the influence of alcohol in front of the Criju station in Daegu-gu, Seogu, Seogu. B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E

1. Relevant Article of the Criminal Act and Article 298 (Selection of Fine)

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. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register personal information and submit such 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 the defendant is obligated to submit personal information

In comprehensively taking into account the Defendant’s age, occupation, initial crime, details, motive, error, agreement with the victim as to the disclosure order or notification order of personal information, 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 may be achieved therefrom, the effect of the protection of the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to 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, and thus, there are special circumstances in which the disclosure of