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(영문) 대구지방법원 서부지원 2019.06.27 2018고단2931

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 is a space between the convenience store where the victim B(the age of 33) worked as a customer and the defendant became aware of.

On July 9, 2018, around 01:55, the Defendant: (a) entered a customer within the convenience store in Seogugu-gu, Daegu-gu, and purchased urban village and sub-resident, and (b) purchased them, and was under the influence of alcohol to the victim “to be seated with knee,” and “Iekne, I knee, I knee, I knee, and knee, I am the victim’s hand, and even if I refused it and deducted his hand, I am forced the victim’s hand over 5 to 6 occasions.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Application of Acts and subordinate statutes of the Investigation Report (No. 1,7,9,10,11)

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 shall be comprehensively considered in light of the following: (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; (c) the method and seriousness of the crime; (d) the degree and anticipated side effects of the crime subject to registration; (e) the prevention and effect of the sexual crime subject to registration that may be achieved