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(영문) 대구지방법원 2018.11.08 2018고단3946

강제추행

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 6, 2018, around 21:15, the Defendant committed an indecent act by force against the victim D (Woo, 50 years of age) at the entrance of the State of “E”, which was operated by the Defendant, committed by the Defendant, on his hand, at the port of “E”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the statutes in which some of the statements made by the police in G are recorded;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. There are special circumstances in which disclosure of personal information may not be disclosed in light of the Defendant’s age, occupation, risk of recidivism, type and motive of the sexual assault crime of this case, crime process, disclosure order or notification order, expected side effects and side effects of the Defendant’s disadvantage due to the Defendant’s exemption from disclosure order and notification order, prevention of sex crimes that may be achieved due to such order, protection of victims, etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

The reason and habition of sentencing is that the victim's chest was involved in indecent conduct without permission, and the crime is not good in light of the nature and circumstances of indecent conduct.

However, when the defendant was committed the crime of this case in the court, the defendant was accused of the crime of this case, the defendant was accused of the victim D with money and the victim did not want to be punished by the defendant, and the defendant was punished by the violation of the Road Traffic Act around 1988.