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(영문) 대전지방법원 2014.09.03 2014고단2010

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 31, 2014, at around 23:00, the Defendant: (a) entered the Eju shop located in Seo-gu Daejeon, Seo-gu, Daejeon, which is operated by the Victim C (L, 53 years old); (b) caused the victim to sit on his/her side; and (c) caused the victim to the shoulder of the victim; and (d) committed an indecent act on the part of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of C’s written laws and regulations

1. Article 298 of the Criminal Act applicable to the crimes;

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

1. Where this judgment becomes final and conclusive to require personal information to be submitted in consideration of the same kind of reason for sentencing, the fact that there is no previous conviction in sentencing, the degree of indecent act, etc. under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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,

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.