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(영문) 대구지방법원 2017.04.25 2016고단4300

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 10, 2008, the Defendant was sentenced to five years of imprisonment due to a crime of bodily injury resulting from forced indecent act in Busan District Court’s branch branch branch, and on August 22, 2013, the Defendant completed the execution of the sentence.

On March 29, 2016, around 10:16, the Defendant: (a) laid the stairs from the D Station located in Daegu-si, Daegu-si, Daegu-si, Daegu-si, about 3 times the Victim E (Woo, 42 years of age) “Dice,” and (b) got her hand off three times the Victim’s interest.

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

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police in relation to E;

1. Entry in a investigative report (Attachment of a photograph by cutting offCCTV images) and the application of video-related Acts and subordinate statutes;

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. The proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes exempted from order to complete program, and the Defendant’s mental illness is deemed unable to expect all educational effects following order to complete program. 1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Juveniles against Sexual Abuse

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The Defendant’s committing a second offense without being aware of it during the period of repeated crime, but the attitude of committing the instant crime is not relatively more severe, and the Defendant’s age, sex, and age.