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(영문) 대전지방법원 천안지원 2015.02.06 2014고단1575

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

Criminal facts

At around 02:10 on July 12, 2014, the Defendant: (a) committed an indecent act by force against the Victim C in the “Dju” operated by the Victim C (FI) in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si; (b) whether the Victim was seated beside the Victim and drinking alcohol; and (c) whether the degree of this would have not been humbed, the Defendant sated the Victim by means of “the Victim’s clothes and broking the knife with the knife of the Victim’s knife, knife and knife the breast.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

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

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

1. The same punishment as the order of a fine shall be determined by taking into consideration the fact that the extent of an indecent act on the grounds of sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order projects is grave, that it is not agreed with the victim: Provided, That the crime committed by an accident under the influence of alcohol is a crime, that the defendant does not have any criminal record of the same kind or a suspended sentence of execution, and that the

Where a conviction becomes final and conclusive on a sex crime subject to the registration of personal information, 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 the head of a competent police office pursuant to Article

In full view of the Defendant’s 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.