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(영문) 대구지방법원서부지원 2020.11.12 2020고단1133

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 21) are between the D Hospital located in Daegu-gun C.

At around 10:00 on February 16, 2020, the Defendant took charge of the Victim’s shoulder and part of the Victim’s shoulder with her hand without the Victim’s permission, as follows: “Isk in front of the receipt at the first floor of the above hospital, Isk in front of the Victim’s 1st floor, Isk in the victim’s shoulder and part of the part; “Isk in the part of the Victim’s shoulder and part of the part; Isk in the part of the Victim, Isk in the part of the Victim, Isk in the part of the Victim, and then Isk in the part of the Victim.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes of the Investigation Report (No. 5,7,9,100)

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

1. Articles 70 (1) 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. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 4

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 56 of the same Act, comprehensively taking into account the following factors: (a) an order to disclose personal information; (b) the Defendant’s age, occupation; (c) the risk of repeating a crime; (d) the details and motive of the crime; (e) the method and seriousness of the crime; (e) the degree and anticipated side effects of the crime subject to registration; and (e) the prevention and effect of the